Research On Judicial Practice Of Registration And The Validity Of The Contract

The relationship between registration and the validity of the contract is a problem inChina’s judicial practice. Through case studies of China’s relevant judicial practice andjudgment reasoning path, the author comprehensive analysis of the relationship betweenthe registration and the validity of contract and put forward relevant proposals. In thispaper, the body part is divided into four chapters:The first chapter: the basic situation of registration. First of all, this chapter presentsthe basic situation of China’s current law relating to the registration, including the concept,nature, function of registration. Register as an administrative act involves all aspects of thecivil legal relationship. This paper defines the context of registration ranges from subject,object, content, form, all aspects of the contract as a whole.The second chapter: legislation and judicial practice analysis of registration and thevalidity of the contract. This part mainly analyzes the business subject registration,registration of property rights, contract legislation in judicial practice, and pointed out thedeficiency in judicial legislation.The third chapter: the judge reasoning path analysis. In order to solve this problem,the reasoning paths put forward by Chinese judges mainly include: the theory of contractform, the principle of distinction between the change of property rights and its causal acts,mandatory provisions, etc. For commercial subject registration, there are many academictheories. According to the effectiveness of the contract law in our country, the authoranalyzes the relationship between registration and contract effectiveness.The fourth chapter: in the final part of this article, for our country judicial decision ofregistration and contract effectiveness relationship and for the way for the public law toenter private law, the author puts forward his own suggestion.