| The relationship of mandatory norms and the invalidity of contracts is always a complicated problem to all of the scholars who are studying of the civil law. There are many different opinions about this problem, and these opinions can not reach an agreement so far. So in the practical cases the judge also can not get a clear understanding due to the current legal regulation. Such a legal environment is far from reach the purpose of maintaining stable economic order in our country. In order to solve this problem well, we have made many new legal regulations. These new regulations have improved our civil law much better about the relationship of mandatory Norms and the Invalidity of Contracts. Although we have already made huge improvements about this problem during the history, but it is still a mess in legal system.The contract law and its two judicial interpretations are not good enough to solve the problems. Because they only defined the nature of the concept of "mandatory", not gave us an appropriate way of how to find the differences of the mandatory norms and the different validities of the contracts according to the different kinds of mandatory norms. Nowadays, there are still many judgments given by Judges only by their own understanding of No.52.5of the contract law. This kind of judgments has made many contracts which can be cured by some reasonable interpretation invalid. Besides, there are also many different opinions about whether No.52.5of the contract law itself is a mandatory norm or not. So in my opinion, first of all, No.52.5of the contract law is not a mandatory norm, and it can not be used to deny the validity of contract. And it is now also a right time to redefine the value of the relationship of mandatory norms and the invalidity of contracts. And try to find a way to treat the different situations of mandatory norms appropriately. Then the judges can use this way to make their judgments much better in the judicial practice.In this article I will analyze the classification of and the relationship between the mandatory norms and the invalidity of contracts in these following four parts.In the first part, I will clear the meaning of mandatory norms and give a clear definition of No.52.5of the contract law. I will give out my opinion about No.52.5of the contract law is not a mandatory norm can be directly used to deny the validity of contract.In the second part, analyzing the developments of contract laws during each period of the progress of legislation of our country, clarify the shortages of contract law terms about mandatory norms in practice. And clear the future of the mandatory norms’effect to the validity of contracts.In the third part, I will give the way of distinguishing the different kinds of mandatory norms, according to my own theory. And I will verify this theory can be used in practice by giving out the analysis of different cases.In the fourth part, I will refine the different kinds of the results according to the different situations of in violation of mandatory specification norms in the contract.At the end of this article conclusion will be made as the way to improve the chaos situation in law practice is refining the ways of using mandatory norms to protect the interests. |
