The Authentic Identification Of The Contract In The Form Of Legal Cover For Illegal Purposes

Case of equity confirmed the dispute between Qidi company,Guohua company,Yuxincompany and Zhuhai investment company. The focus of the controversy is hidden in the formof legal violation of mandatory provisions of laws and administrative regulations, set up thecontract is valid. The company set up in the process, these disputes are common. This articlethrough the case, set up the fields in the form of legal analysis to evade the mandatoryprovisions of laws and administrative rules and regulations the effectiveness of the contractproblem determination. In view of this kind of dispute mainly relates to "legal form","illegalpurpose" and "hidden relationship" three specific aspects, besides preface and conclusion, thispaper mainly divided into three sections.The second part, about the legitimacy of the external contract. External contract, that is,in the form of legal cover illegal purpose of "legal form" of the contract. In the form of legalcover illegal purpose of the contract has the characteristics of indirect illegality, its core didnot cause the contract invalid illegality is in the external contract. The external contract fromits own legitimacy. In this case, guohua, enlightenment and prepare the10.26protocol signedletter company as external contract, shall, first of all, to determine its legality.The third part is about the illegal purpose. Be hidden contract should be a real contract,the parties is the real meaning. The contract has illegality and led to a contract is invalid. Theillegality of the contract, by the Supreme Court’s judgment standards, should be "in violationof the provisions of the laws and administrative regulations of mandatory" and "harm socialpublic interests" for consideration. In this case, the chairman zhang guohua company andenlightenment Liu Jijun company manager’s agreement9.18, as the main basis guohuacompany claims10.26agreement is invalid, should analyze its illegality.The fourth part, about the hidden relationships. Mainly related to the external contractand the hidden relationship between the real contract. The hidden relationship is link externallink with the real contract and contract. If does not exist, the relationship between the externalcontract with real contract does not constitute a legal form to cover the illegal purpose of thecontract.In this case,10.26protocol in accordance with "company law" article27provisions onmonetary capital contribution, and9.18protocol violation of the "company law" article27ofthe rules of the non-currency property investment. Look from the relationship between the two agreements,10.26agreement does not constitute concealment of9.18protocol. From alogical point of view, the cognizance of this kind of case should follow the following order:the legitimacy of the surface of the contract, for the purpose of illegality in the relationshipbetween real contract violations, hide.