The Judgement And Handling Of Invalid Contract

The Ascertainment and Settlement system of void contract is one of important topics of the contract law theory and the judicial practice. There are some regulations to this issue in the General Principles of China's Civil Law and the Contract Law, but there are still quite a few defects in the current civil law. In this thesis, the author attempts to analyze the advantages and disadvantages of current void contract system in our country, and then proposes some relevant suggestions on further perfection to the system of void contract in the legislation.This article is divided into four parts:Part one, the summary to the system of void contract. First through compares some domestic and foreign scholars regarding the void contract meaning elaboration, promulgates the void contract the concept.The void contract is different to void contract, voidable contract and the contract of uncertain effect. In concerning the contract is whether it is effective, we should use the expressions "the effective constituents" to indicate. Thus, the concept of void contract may indicate that: The void contract is the contract which has been confirmed but didn't conform to the contract fundamental effective constituents, and is thought to be certainly void in law. Next, on the basis of the explanation of the concept of void contract the author has carried on the systematic analysis on the legal characteristic of void contract. Because the void contract has violated the legal compulsory regulations and the good faith, therefore the void contract has the legal characteristics of which is absolutely void from beginning to end as it should be. Finally, the article elaborates the legislation value of void contract system. Under the strict limit to the void contract, litigant's will obtains more respects, which enable the civil law autonomous principle to obtain the quite thorough implementation; at the same time, the social public interest obtains maximum limit preserving.Part two, the ascertainment of void contract. First, the article elaborates the value criterion of ascertainment of void contract. In essence, the void contract system as the intervention which the country carries on to the freedom of contract is the value judgment which the law makes to the contract. The coherent argument believed that, the contract law has such values as freedom, security, beneficial, justice, and these value factors can have the influences in certain degree on ascertaining whether the contract is void. Generally speaking, when we ascertain whether the contract is void, should give dual attention in the value orientation to the economic efficiency and the social justice, the transactional convenience and the security. Next, inspecting and comparing the ascertainment standard of void contract among various countries in the two primary legal systems, in related to the correlative stipulation of our present contract law, the author proposes author's some opinions.Part three, the settlement of void contract. The article has carried on the quite systematic elaboration regarding the void contract confirmation. About void contract settlement, it mainly involves to the procedure and entity settlement of void contract. Procedure settlement mainly involves the right possessor, confirming administration, validation, legal procedure and so on; Entity settlement mainly involved such civil legal consequences as the binding force from the beginning, the request right of returning, compensation for damage and so on. Whether the above issue can be solved reasonably directly relates the effective movement of the void contract system. By the comparing of correlative stipulation of other national and our civil law in void contract settlement, this part points out the flaw of our country.Part four, the consummation of ascertainment standard and settlement system of void contract. The part emphatically performs to consummate the system of void contract from such three aspects as the guiding ideology, ascertainment standard as well as the settlement system and so on. First, the article has explained the guiding ideology of ascertainment and settlement system in void contract, so overcomes stiffness in the specific stipulation. Next, through the comparison and inspection of ascertainment standard of the above various countries of void contract, proposed the concrete standards. Finally, in view of the consequent insufficiency of our void contract, the article proposed the corresponding suggestion of consummations.