An Empirical Study On The Application Of Mandatory Norms

The determinants regard as null and void a contract on The Contract Law are merely thecompulsory provisions of laws. Nevertheless, the identifications and applications of thecompulsory provisions of laws can be huge difficulties in the theoretical study and legal practice,and therefore, this study has considerable theoretical and practical significance. The article isdivided into four parts.The first part investigates the legislation and the status quo of the research of compulsoryprovisions of laws that covers the primary regions and that in our country. In the meantime, thispart summarizes several classic cases in practice and states the theoretical and practicalsignificance of the definition of compulsory provisions as well.The second part analyzes the grounds of the compulsory provisions of laws and their criteria.The usual method to differentiate and analyze the concrete norm involve in the specific casewhether it is a compulsory provision of law includes: verify the normative aims that based on thetheoretical framework, abstracts the general purpose of legal norms, balance the concrete normand the public interest with the methods of interests balancing and meet the public order and goodcustom. Definitely, the theories and applicable rules above have gotten jurisprudential basis andpositive guidance value in practice.The third part includes the Applicable rules of judicial and the categorization of compulsoryprovisions of laws. The method and process to identify the compulsory provisions of lawspresented in this article is the mode of legislative intent+interest balancing+the public order andgood custom. In order to further improve the judicial efficiency and quality, a large number ofcases has been combed in this paper and the efforts of the summarization of practice and theprimary categorization have also been done in the meantime. Through theoretical derivation, theauthor suggest that the compulsory provision of law includes codes of conduct and partialcapabilities regulation. In practical terms, partial capabilities regulation means thequalification-capabilities regulation and the permission-capabilities regulation, however,act-based-capabilities regulation is not included. In conclusion, through the four case studies inpractice, this paper demonstrates the purpose of the norm theory above and its elements,application rules and the appropriateness of its categorization.The last part is a brief summary. In order to make a contribution to the judicial practice, thispart takes an one by one analysis, which includes the theories and their criteria and also the modeabove, with regard to the classic cases in part one.