Research On The Scope And Identification For Void Contract

This paper is divided into three parts:The first part introduces the overview of the void contract. Based on the classification of the validity of the contract, the author analyzes the concepts the characters and the differences between different kinds of state of contract. Then introduces the definition of void contract to different countries. For some scholars have mentioned the concept of "relatively void contract", form the point of the author' s view, it's not a scientific concept, for the concept of "relatively void contract" can't come with the traditional theory, moreover, it's not a clearly concept, and it is easy to confuse with the traditional contract law. The author concludes that we should follow the traditional theory about the concept of void contract, and it should be prescribed a limit to the "absolutely void contract". Last, the author defines the void contract as:the contract has been set up, but due to the lack of serious contract effective elements in law, it is certainly and of course cannot satisfy both parties of the contract from the legal effect from the beginning.The second part is about the recognition criteria for void contract. The author first discusses the essence of the void contract—in order to limit freedom of contract and protect the public interest. This section first relates to the essence of the void contract is to limit the freedom of contract, and to protect public interest. Secondly, the author introduced the legislation history of the void contract standards, and we can find that the recognition criterion for void contract becomes more and more perfect. Thirdly, the paper focus on analysis the defects of the recognition criteria for void contract, the legislative languages are fuzziness and uncertainty, as a result they don't fully carry out the standard of public interests in the legislative and judicial practice, and the scope of the contract is enlargement. It violate the essence of the void contract and the purpose of legislation, which caused to tremendously wasting social resources, it become the development of block up social economy.The third part is about the scope of the void contract. This parts first analysis the current law about the provisions of the scope on the void contract, and then comments on it. The author also points out that the scope on the void contract is still too large.The fourth part is about how to perfect the scope and the recognition criteria for void contract. The author gives his opinion on this question in order that the recognition criteria and the scope on the void contract will become more reasonable in the future, and finally adapt to the requirements of the development of social economy.