The Validity Of A Contract Several Legal Issues In This Paper

This article through methods and so on real diagnosis analytic method, standard analytic method, comparison analytic method, legal science analytic method, mainly carried on from the legal angle to the contract potency related hot topic has taken overall responsibility the elaboration. Regarding the educational world existence difference more prominent contract potency root question, in the contract important document discrimination theory, the special contract, void contract’s time limit question has conducted the detailed research, and put forward the feasible proposal.Paper is divided into three chapters:The first chapter on the validity of a contract root. The first chapter in the whole is as general properties and exist. The root of the theory to contract effectiveness has been argued for a long time, whether civil law, common law, or the Chinese legal system for the root of the effectiveness of the contract each had a theory of mature theoretical system. The existing contract effectiveness is, is the foundation of the contract have been carried out, this chapter, the author states and the contract effectiveness root theory analysis, the Chinese academic circle on the root of the effectiveness of the contract theory are discussed, from the foundation level analyses the root of the form of the contract, and puts forward his own a systematic theory, after this chapter for giving a foothold and starting point.The second chapter on the effectiveness of the contract form. First, the author of the form to contract effectiveness of the contract theory basis-double elements theory to the detailed exposition, for the proposed contract effectiveness form of division lay the foundation. With effective itself was founded in theory there is a lot of controversy, in practice, it is hard to distinguish, but because of their respective corresponding to different responsibility form, so it is imperative to distinguish between is a good grasp of the difference between the relationship, let them be a system logic theory system, can effectively avoid problems in the practice of the dispute. Next, based on our country contract requirements on double system of our country, the effectiveness of the contract form now analyzed. And the further building in double elements under the system of our country the effectiveness of the contract form system, will the effectiveness of the contract form is divided into incomplete contract, effective purpose, and no contract and inactive contract four types.In the third chapter inactive contract. This chapter is to double elements in our country under contract system, the validity of contract form system of extended further. This chapter explores the effective contract not detail the four types:attach conditions precedent type, type, need to take effect period with registration approved type and effectiveness to finalize the design. And in the light of the four types the comparatively uncommon and more easily to confuse the problems occurred intensive study. At the same time, in the inactive contract the responsibility section, the author is not currently contract liability in vacuum effect, and puts forward his own ideas to solve, hope to contribute to the rule of law.