From A Foreign Equity Transfer Contract Dispute To See Validity Of The Contract

Validity of the contract is one of the core issues of contract law, contract reflects the stateof evaluation and protection mechanisms. This mechanism is continuous developing andevoluting,since the beginning of the "Contract Law".So far, because of the efforts of academicsand practitioners,it has been changed. These changes reflect in part the relevant judicialinterpretation and practice, embodied in another part of the theoretical study of the validity of thecontract-level exploration.This paper uses empirical analysis method, starting from a typical case to the contract whichneeds approved, and show some fuzzy concept, logic level is unclear in the validity of thecontract. And then to theoretical sublimation, from the concrete to the abstract, trying to clarifythe validity of the contract of the conceptual and logical levels--the validity of the contract shallbe established by the facts to the law, from the form to the progressive nature of the three levelsof effectiveness evaluation system. On this basis, the regression case give suggestion--in thepending contract, operation mechanism for compulsory determines which belongs to the contractobligations, rather than the prior contract obligation. Therefore, in order to maintain integrity ofthe validity of the contract system for breach of duty, for the responsibility of breach of contractremedies it more legitimately.The empirical research as the forerunner, specification for subsequent studies on the organiccombination of various research methods, form a logical growth contract as the axis tounderstand the path of the force system of our contract, we find the problem. As far as possible,take the way of dogmatics of law to clarify the reasonable explanation on China’s contract lawnorms. In case of necessity, from the view of legislation, to be a necessary modification to thejudicial interpretation unreasonable unlawful. The legal theory of provisions on the validity ofcontract law review, in order to clarify the establishment of contract, the contract is invalid,effective, pending validity, revocable, can change, effective and non effective theory andpractice logic, the theory guiding practice, to the judicial practice in the contract law.This paper puts forward problems through the case, analysis of the validity of contract system in contract logical growth perspective, to solve the problem of providing background.Finally, by returning to the case, to solve more contract approval to be specific, positioning theobligation of obtaining the approval and in violation of the obligation of obtaining the approvalof the relief.