The Validity Of The Contract Problem Resolution

A contract starts from the establishment, completely fulfills to the contract, realizes all quarter litigants let a contract's goal, continuously receives the restraint of the contract potency. The contract potency entrusts with the contract since the law, maintains strength of the legal which the contract's tenable condition and the guarantee contract can fulfill. Also it is all quarter litigants for realizing the contract goal, realizing the agreement strength of own initiative, positively autonomy. In the affirmation law is in the foundation which the contract potency originates, strength of and the autonomy strength of contract load bearing law substantive characteristic is the contract potency root - contract has the function of "the realization right benefit maximization". A contract only had has this kind of characteristic, could become to has the potency of contractAlong with our country "Contract Law" promulgating, the discrimination to the contract establishment and contract becomes effective also to become the question which the legal science theory and the practice needs to solve together. The logically coherent argument although solute the similarities and differences of establishment and becomes effective, but is unable the form which why solves the litigant to be allowed to agree, decided the contract becomes effective this legal appraisal question. The legal certainly not precise definite the concept of becoming effective. But in actual utilization law process, also truly has the conflict of agreement and the law phase. We must differentiate the concept of valid and becomes effective. The valid to the contract carries on the result of legal appraisal. After but the contract becomes effective is effectively refers to the contract to tend to fulfills the condition indicating. They separately manifests characteristic in the contract potency the binding force and fulfill strength. The contract valid is the premise to become effective. The contract becomes effective certainly is not the contract valid inevitable result To the contract which has condition of becoming effective but this condition did not realize, may appears the result which valid but does not become effective.The goal of litigants let a contract is the realization of certain economical goal and the realization benefit exchange. The behavior that litigants let a contract is up to the litigants...