On The Validity Of The Contracts In Violation Of Mandatory Rules

In a sense, a history of freedom of contract, the contract is restricted, through the Aging, the promotion of practice Contract justice records. Limit the important task of the contract no doubt be the State. State's obligation to provide proper protection for the private law system to help the private law to perform its functions, and to limit the abuse of freedom of contract. One of the main measures taken for this country is through the peremptory norms to achieve this purpose, the existence of the extent of restrictions each period, each country (region) of the different factors but the country setting of the peremptory norms of the validity of the contract, There are significant variations, it is also easy to have generated misunderstanding. This article explores the issue of the purpose and significance is to provide people with a comprehensive understanding of the validity of the contract breaches of peremptory norms of resources.This article through the six part, mainly expounds the following content.The first part is the introduction of this article. Mainly elaborated to study the need for breaches of peremptory norms of validity of the contract, as well as the main research methods and the layout of the profile of this article.The second part, I believe that the peremptory norms occupy a special position in this article, it is the basis for this article will further explore the validity of the contract, so this part of the concept of peremptory norms and knowledge necessary exposition.The third part, the extent of peremptory norms of the decision on the validity of the contract, each country or region at different times, due to the difference of the legislation, the constraints of the differences in judicial practices, as well as the unbalanced nature of the development of the countries of Law, but also there is diversity. At the same time, the development trends of the globalization of the world, but also for the effectiveness of mandatory specifications and contract research to learn from each other provides an opportunity to. The contents of this part of the comparative law perspective to grasp the trend of breaches of peremptory norms the validity of the contract for the main civil law countries, the proper analysis of their national development and changes in this theory in the legislative provisions the integration.The fourth part, on the basis of the relevant circumstances of the major countries in the world understands this part of the point of view of legal history after the founding of our country into a unified contract law to develop our country in violation of peremptory norms, the validity of the contract to determine exactly to what standard of measure, as well as the effectiveness of state in the end how to conduct a more detailed analysis.The fifth part is a core part of this article. Contract law since the promulgation of China's peremptory norms of restrictions on the validity of the contract, on the one hand, the inheritance and development of the world's best legal culture, on the one hand, but also with distinctive Chinese characteristics.changes in Chinese actual situation of peremptory norms of contract law plays a key role on the validity of the contract, issued more than a decade, China has undergone tremendous changes in this regard affected the legislative and judicial the validity of the contract is invalid, the initial violation of the mandatory provisions of laws, administrative regulations developed to present the effectiveness of the mandatory provisions of violation of laws and administrative regulations was invalid. According to the degree of integration of the effect on the mandatory requirement on the characteristics of the mandatory provisions of the public and private law and public law and private law provisions of this section the author under the current contract law breaches of peremptory norms validity of the contract a more comprehensive type of analysis.The sixth part is the conclusion of the paper.In general, the effectiveness of the provisions of breaches of peremptory norms contracts experienced from naive to mature gradually improved, rigorous, rational, scientific development course. It is a profound regional and times to mark an important research topic.