Research On The Effect Of The "Detention" Clause In The Affiliated Contract On Vehicle

Freedom of contract is one of the basic principles of contract law, and is the basis of the conclusion of the contract between the civil subjects. Contract Law is the basic law in the field of private law, respecting for the civil subject's intention is the soul of private law. However, the law of freedom is not absolute and without limits, prohibition of abuse of rights principle and the principle of public interest shall not violate are the exercise of rights boundaries. Thus, although in the market economy environment, the contract is the economic basic legal forms of market transactions, after the conclusion of the contract, the state, with the considerations based on the use of the overall interests of the contract, uses the law to evaluate the validity of the contract,which result in uncertain factors of the contract. The research object is that the legal effect of "detention" contract terms which often appears in the affiliated operations management contract. This view is that the "detention" contract act which often appear in the affiliated operations management contract is the act of self-help behavior., and the "detention" provisions of the terms are self-help terms. The behavior in this case is for the value of the public tendency and is not against the public interest, so the "detention" clause is lawful and valid.The main content consists of four parts:the first outlines the typical case of the vehicle management contract affiliated the "detention" provisions and the dispute of the case law on the detention provisions of the nature and legal effect. This is the premise of this study. In this section, this view is that the detention behavior is self-help behavior, but the focus of the legal effect of the discussion is below. The second part describes the effectiveness of the provisions of the contract in our current laws, and highlights and analysis the effectiveness of the theory of contract which cause the contract void. The third part is the focus of this article, as the scholars who advocated "detention" clause invalid believe that the detention behavior violate the public interest, so this article focus on the part of the assessment of social and public interests, after based on the analysis, the article deems that the detention behavior in fact is not conflict with the public interests, therefore the "detention" clause is valid. The fourth part is the extension of the "detention" self-help behavior. The part of the article clear that since the self-help behavior exists the human, economic and political necessity, and the public interest provisions of this broad principle may not be able to effectively self-regulate behavior, we should adopt laws to regulate the detention behavior.