Civil Norms And The Effect Of Contract

The law is the means for realizing certain purpose and exist, with reference tothe purpose of service the regulations can be comprehended correctly. In civil normsand the effectiveness of the contract relationship problems, mainstream theoristspoint of view is: Only mandatory standards of compulsory norms can play sex tocontract effectiveness have an impact. The new law of contract interpretation makethe rules to. But, reflect the private law autonomy facultative, the "arbitrariness" isnot without any restrictions, but are placed under a certain limits. That is to say, notany facultative punishment have enforcement effect, or else, in the economicpowerful a party, Or in the information powerful a party, Will make another partyinterests or by interest. In this happen, we should any law examines the innerlegitimacy requirements. Contract terms for facultative punishment, can not deviatefrom the basic thought of law. Here called the law of real basic ideas, refers to thedecree of the law or says substantial connotation, and shall not refers to the specificimplementation. Therefore, only from the standard to distinguish nature study theinfluence of the effectiveness of the contract, In logic is not precise, in the specificresults also not satisfactory.Based on the analysis of the two big legal system to contract effectivenessevaluation based on the path, First of all to the specification purpose method analysisbasis, to define the purpose of regulating on the basis of concept and function, putsforward the aim of the standard for the path, and the objective interpretation methodin detail. The purpose of the law, as legal development guidance of "guiding star", inthe status of the law, like the north star under the sea. The function of purposeexplain, maintain law and order in the system properties and stability, Andimplement the purpose of legislation, maintain law and justice, ensure substantial justice. But, in the end only purpose interpretation method other methods can beapplied when couldn’t solve the problem, and the purpose is not absolute ruleinterpretation methods, just sound judgment rules. In specific cases, the conclusionof the must conform to the laws and the whole law with purpose itself order spiritconsistent, and consider the legal stable and peaceful.Second, under the guidance of the purpose of interpretation, the civil code ofthe type of the concrete analysis. On the basis of objective standard, this paperfocuses on the mandatory norms and facultative relationship. On behalf of the stateof the mandatory norms and reflect the mandatory private law of autonomyfacultative, both differences between them, there is also a lot in common, Or in orderto maintain a fair and free private law autonomy spirit, Only two of the occurrencefunction different level. From the potency, Mandatory norms is just in soft,Facultative is soft has just, Both rigid-flexible economic, from both the positive andnegative aspects of contract freedom together constitute the boundaries, both toregulate and autonomy for guidance. In addition, two kinds of the civil code of theinfluence of the effectiveness of the contract is briefly analyzed.Finally, from the point of view of the objective standard of civil norms andcontract effectiveness for consolidated. To achieve the purpose of the substantivejustice maintenance contract, with the purpose to norm for judging the contracteffectiveness foundation, and consider the contract price, between the parties to thecontrast of the negotiating capacity and the surrounding circumstances to factorssuch as that is reasonable, again complementary with the type of the method, In thespecific legal standard applicable in reducing complexity and uncertainty ofjudgment.