Theory Of Mandatory Norms Influence On Contract Effectiveness

Abstract:Compulsory norms can be divided into compulsory regulation between private subject interests and private subject and social public interests of the two types of compulsory mandatory norms. The two specifications are not fatal restriction on the effectiveness of contract, so in violation of the mandatory standard is not compulsory lead to weakening in the effectiveness of civil juristic act. That part in violation of the prohibitive norm can lead to civil legal act is invalid, so many scholars to the classification of the prohibitive norm put forward different views, theories, the theory of existence advantage at the same time there are some defects. The author put forward the corresponding perfect opinions to this. Comprehensive compulsory mandatory norms and prohibitive norms influence different reflection on the contract effectiveness legislation pattern on the mandatory norms in our country. In addition, determine the contract effectiveness, divided by the violation of the mandatory standard for the standard, our country "contract law" in article524also jeopardize public interests of the contract shall be invalid. Overlap in the content, the two standards will cause on the basis of whether the violation of public interests, to measure the effectiveness of contract. And although some contracts for only in violation of the provisions of compulsory mandatory fortunately escaped the consequences of invalid, but is not considered in violation of public interests to be invalid. The author thinks that our country legislation to abandon the item4, to avoid duplication, to make the contract effectiveness tends to be stable.