On Breaches Of Peremptory Norms Of Validity Of The Contract

Freedom and mandatory rules are the basic research of the science of law. While violating the validity of a contract in mandatory law involves the integration of law, how to recognize the effect of compulsory rules on the validity of a contract is a must to jurisdiction, so coercion and the freedom of contract should be taken seriously. Many problems consist in the administration of justice on violating the validity of a contract in mandatory law, on how to recognize the valid rules and on how to recognize the legal application of the validity of a contract.The present study maintains that the violation of the mandatory rules (in narrow sense) in civil law will not result in the annulment of the contract and it is not necessary to distinguish the mandatory rules (in narrow sense) from the forbidden rules beyond the civil law. Moreover, the mandatory rules of fifty articles in our contract can be divided in private and public. As to the relationship between the mandatory rules and the validity of contract, the present study, based on the observation of the mandatory rules in relevant foreign countries, proposed the way to recognize the validity of contract in violating the compulsory rules and it can handle the validity and annulment of the rules to guide social practice. The purpose of the mandatory rules is the basic way to recognize the validity of contract. The regulatory benefit of the mandatory rules and the benefit of the interested person in contract should be considered in recognizing the validity of the contract. We should recognize mandatory rules of public have effect on validity of contract is limited, mandatory is not the only founder to our public order. Moreover, the detail of violation in the contract of the mandatory rules can tell us the effect on the validity of contract from concrete situation and dynamic situation. In the last chapter, the present study will analyze the legal consequence after the violation of the mandatory rules in epistemology. Firstly, the present chapter will illustrate the deficiency of the violation in mandatory rules and public order and moral, which also does no good to the practice of the administration of justice in our country. Secondly, it will propose that the recognition of the validity of contract in violation mandatory rules in judicial practice should be certain and appropriate. Moreover, the judge should confirm the validity of contract. To make a survey of efficacy of mandatory, it is necessary to resurvey the distribution of mandatory rules from legislative perspective and find balance and harmony in private law and state coercion.