On The Effectiveness Of The Contract Violating Premptory Norms

There are lots of different views about the application and understanding of "Contract Law" Article52paragraph5, no matter in theoretical field or practical circles. Therefore, it is necessary to further study to identify its type of peremptory norms and the impact on the validity of the contract. On the basis, to determine the effectiveness of breaches of peremptory norms contract is very important. In this paper, the relevant provisions of the foreign as well as Taiwan, China, the text is divided into four parts.The first part leads to the problem. This part of the Shanghai Intermediate People’s Court together with work-related injuries jurisprudence on China’s violation of a peremptory norm of contractual and theoretical study and practical operation of the status quo to do the initial introduction. And a brief comparison of civil law and common law about the referral provisions of the legislation. Finally, the dual structure of public and private law point of view of a peremptory norm of the theoretical value of the discussion that of peremptory norms both the autonomy of private law protector and destroyer. To build a socialist society under the rule of law, its own national conditions, get rid of the long-term public authority formed the habit of excessive interference in the autonomy of private law, legislation and law enforcement should focus on the protection of freedom of contract value.The second part is the meaning and types of peremptory norms. This section, the author mainly to comparative law research methods, a more systematic introduction to a foreign country for the peremptory norm stitle,content and type of research. Comparison, the mandatory specifications shall have the following meaning:1, it should be mandatory application, do not allow the exclusion or change;2, directly or indirectly, be forced meaning of the subjects of private law;3, can produce the legal consequences of private law or public law. Multiple classification criteria, the type of peremptory norms and its impact on the validity of the contract, a comprehensive and in-depth analysis, to avoid systemic problems caused by a single standard classification. The third part is the thinking of Chinese breach of the peremptory norms contract about effectiveness. Firstly, to overcome the limitations of the method itself channel can clear to enter the field of private law, public law, in order to better protect the area ofprivate law. Secondly, according to the main elements of the contract, the contract in violation of the laws and regulations of classification, such as:the subject of contracts illegal, illegal in the form of the contract, the contents of the contract is illegal, illegal contract motivation Category. I hope explained through empirical analysis and normative purposes of the peremptory norms and the validity of the contract relationship.Finally, this paper considers the effect of private law contracts that violate the mandatory provisions mainly include (but the parties may have to bear additional liability); valid; and somewhere in between the invalidity of easing system. China on the issue of judicial practice has been paranoid absolutely effective and absolutely void between, insufficient attention to ease the system of invalidity, this chapter focuses on the invalidity ease system.