Analysis On The Criteria Of Invalid Contract

Freedom of contract is a concentrated expression of private autonomy, but freedom is limited, restrictions on freedom of contract reflecting the effectiveness of contract. Severability of contracts include pending contract, revocable contract, invalid contract. Void is the most serious denial for the contract, which prevents the legal effect of the parties wish, draw the line for Autonomy. Thus, we should be concerned about the criteria of invalid contract so that make the law service for the transformation of social in a market economy.In China, the "Civil Law" Article58,"Contract Law" Article52are the criteria of invalid contract mainly. But in these relevant legal provisions, we found that the standards for invalid contract are confusing:the law concept of uncertainty and the lack of judicial interpretation and case guidance, such as international interests, public interests; although damaging the same legal interests, the effect of contract is different due to the way of the contract signing; no hierarchical division for the illegal contract, but it is across the board to be invalid, and so on. Based on this, it is necessary to draw on from national legislation, theory and judicial practice of void contract to start a discussion.In this paper, the author will discuss the absolute invalid contract from our country current rules of invalid contract decision criteria. Focus on the provision of Article52of China "Contract Law", this article is divided into three sections mainly:First, the main body in contract, through exploring the main body lack of capacity for civil conduct (person who have no civil action competence), the author conclude that the deed of person who have no civil action competence behave should be out of the system criteria of invalid contract, which include pure profits and indeed that meet the needs of its spiritual intelligence.Second, the intention of contract, the essay discusses the type of unsound intention in the existing laws, on the basis of comparative law experience, then, the author will introduce " conspire hypocritical," with the current laws and regulations of "malicious collusion, hide in the form of legal illegal purposes", and discusses what kind of intention is not sound as invalid contract feasible according to standards and specifications and functional purposes.Third, the legal aspects of the subject in contract, the author will analysis the national interest, and social and public interests; the author focuses on the mandatory norms from the aspect of classification, the nature, and then combined with the existing legal provisions, judicial case explores its impact on the effectiveness of the contract. Above these, the author puts forward some reflection on mandatory provisions in order to clarify the type of mandatory provisions and its effect for contract.Finally, by the way of reading of legal theory, national legislation and judicial cases guidance, combining with the article’s overall grasp, the author puts forward some proposals to the current criteria of invalid contract.