Case Studies On The Problem How To Apply The Contract Effective Forces

The void contract is the most severe negative evaluation for contract legal acts.The consequences of the invalidity broke the parties’self-property arrangements, leading to the contractual benefits of the parties fall,that is the complete denial of party autonomy. Breaching the effective forces is one of the reasons why the contract is null and void, which has a critical influence on the contract interests of the parties.However, there is no clear identification standard in the law for so Important provisions,leading that it’s difficult for the judiciaries to hear the cases of contract null and void because they do not know how to apply the effective forces.this paper want to explore the identification standard of effective forces,by analyzing several typical cases of invalid contract.Three main sections of this article are as follows.The first part, propose the question.This paper first introduced several invalid contract case of judicial practice which about Identifieding the effective forces. Three cases are to prosecute the contract cases to be invalid,when hearing cases,parties have different views about that how to identify the effective forces and whether the contract is valid or not.The second part first analyzed the concept of the effective forces, introducing several legislative provisions and academic points of Roman law and the major countries of Civil law and Common law which about the relation between mandatory norms and the effecf of contract. Then this paper analyze the different views of academics on the effective forces,and analyze the advantages and weeknesses of of each view. Finally focus on the validity of the contract in the case of credit cooperatives v. Luomou case.The third part first in order to accurately understand the effective forces, try to do a functional explanation of (?)52(5)of Contract Law which contain the effective forces.Then focuses on method about how to identify the effective forces, exploring mainly the method of identifing the effective forces from several aspects of the regulations’contents,legislative purpose,adjustment object,invalid necessityjudges experience etc.The final recommendations of the legislative branch as soon as possible to issue the relevant laws and regulations.