Concerning The Remedy Of Invalid Contracts

The traditional theories that the invalid contracts are supposed to be absolutely, originally, and surely ineffective are absolute thought. In practice, many contracts are concerning the principle of private law autonomy. If we insist on judging these contracts ineffective, and not offering any opportunity for the very party to compensate, then what our laws are dealing with are contrary to the principle of private law autonomy, and affect the social and economic order.We have to learn the legislation from other countries, put invalid contracts into absolutely and relatively invalid contracts, and offer the opportunity for the very party to compensate. The remediation for invalid contracts means that, because of some proper reasons, invalid contracts change to valid contracts. Through analyzing the reasons of invalid contracts among different countries, point out the limitation of the Contract Law of our country and many approaches to the remediation for invalid contracts.This essay consists of two parts, introduction and text. The text of the essay is comprised by three chapters. In chapter one, it is a general description of invalid contract remediation, which includes the concept and quality of invalid contract remediation, as well as its theory basis. Analyzing the situation and system background of ineffective system in china, aim to pave the way for the theory basis for the deploying of the whole essay. Chapter two focuses on analyzing the reasons of invalid contracts. Through analyzing the reasons of the invalid contracts in different countries and areas, point out the limitation of the Contract Law of our country. And chapter three focuses on the remediation for invalid contracts. The author, with the reference to the viewpoints of scholars, points out five approaches for the remediation, and puts forward the assumption to invalid contracts, and complete the leitmotiv of the whole essay.