Research On The Relationship Between Impossibility Of Subject Matter And Validity Of Contract

Impossibility of subject matter is the reason of impossibility of contract performance in Civil law countries. The origin of this system comes from Roman Law. The system about Impossibility of subject matter has not only developed in fulfill obstacles of Civil Law and contract frustration of Common Law, but also has exhaustive completed in international convention.Theorists have different opinions on the relationship between impossibility of subject matter and the validity of contract. Provision of legislation is lack of systemic arrangement as well. This situation has created new difficulties and challenges. This paper bases on the Contract Law in China, and puts the relationship between invalid patent and the validity of patent contract in Patent Law as a point. By using comparative study, legislation and other methods, the paper introduces the foreign system on impossibility of subject matter. The paper not only elaborates China’s current defects and deficiencies system about impossibility of subject matter and the validity of contract in Contract Law, but also targets to improve recommendations, trying to solve China’s invalid patent and the validity of patent contract in Patent Law as a result of many puzzles.First, the writer finds the relationship between invalid patent and the validity of patent contract and Civil Law impossibility of subject matter theory is not contrary, they have the same theory foundation. And in a sense, impossibility of subject matter theory is theoretical basis. Secondly, this paper also does some research on the invalid subject and invalid patent in international convention and summarize the advantage aspects about judgment standard, character of subject, validity and legal consequence. Thirdly, a concerted approach to the general law of Contract Law in China and the special conflict rules in the Patent Law, recommends that the result of patent contract effect in Patent Law to make the necessary responses. Then, the paper makes the discussion on the relationship between impossibility of subject matter and the validity of contract, and solves the problem about judgment standard, character of subject, validity and legal consequence. At last, the paper combines the reality of Contract Law and judicial practice to modify the article47of Patent Law, the writer hopes to make some help for the legislation and judicial practice about impossibility of subject matter theory in China.