Study On The Effect Of Non-trading Contracts

The effect of non-trading contracts have not found justice in the case of the current problems in recent years, involving exchanges of friendship "broke protocol", "loyalty agreement" contract of gift, bequest contract judicial cases gradually increased, systematic study of such The validity of the contract in case the problem of identification in its theory and practice has a great significance.In this paper, in practice the two "broke protocol" recognized the validity of a typical case to proceed, and abstract such contracts as "non-trading contracts" for the transaction of its contract with the essential difference, summed up the "non-trading contracts "The core legal issues involved, and on this basis by the foreign" non-trading contracts "effect identified by comparison of case studies, outlining the civil law and common law of" non-trading contracts "identified the effectiveness of the basic judicial standards. With "non-trading contracts" relating to the core legal issues, to explore the theory and practice, and entities in order to put forward in the form of "non-trading contracts" to determine the need to consider the effectiveness of the reference element, as such cases judicial practice to provide some superficial opinion.A total of about two thousand word paper is divided into introduction, body, conclusion of three parts.Introduction to clarify that the "non-trading contract" appears and the popularization of legal regulation and the lag gap, indicating that the "non-trading contracts," the systematic study of the need to explain to select "non-trading contracts" effect identified as The practical significance of research questions and theoretical significance.Body part is divided into four parts. The first part introduces the two court judgments in China involving "breaking protocol" effect of the case and the court finds that the reasons, in this based on the two cases reflect the sort of legal issues and summarized. This study leads to the main question is "non-trading contracts," the effect of identification.The second part of extra-territorial effect of non-trading contracts identified case studies. From the perspective of comparative law lists the common law and civil law countries in the "non-trading contract" effect found on several typical case, the theory of judicial decisions and the reason its a brief assessment.The third part, the effectiveness of non-trading contracts analysis identified the legal issues involved. The "non-trading contract" effect found in the core legal question: whether the parties are bound by law and the contract may involve the meaning of public order and good morals issues of how to determine a theoretical argument.Part IV, the effectiveness of non-trading contracts recognized standard. From the physical point of view and form of contract, proposed contract to determine the effectiveness of non-trading nature of the reference elements of such contracts in order to achieve justice justice.Conclusion part, that determine the "non-trading contract" is legally enforceable, should consider the contract entered into motives behind, meaning that the parties effective method of deep meaning behind, to see whether the effect of the contract expressed the same meaning, and to develop the attitude to invoke public order and good morals, should not be arbitrarily denied the "non-trading contract" effect.