Research On The Unjusted Benefits In The Legal Consequences Of Invalid Contract

To develop the economy is still the first priority and target in the world, the development of social economy depends largely on the completion of the transaction,while the transaction is in order to conclusion and performance of the contract as the premise. So the cognizance of contract effectiveness and the legal consequences are vital. Invalid contract cannot occur the result when the parties enter into a contract to achieve, the status of the parties back to before the conclusion of the contract, transaction cannot be completed so that the economic development is impeded. Relevant provisions of the broad about the cognizance of the invalid contract is also brought difficulties to the judge’s judicial work, different judges due to subjective factors for the same case may be have different judgments. On the other hand, invalid contract also becomes lawyer’s methods that is for his concerned parties to escape liability for breach of contract, that is causing confusion in the judicial practice. Chinese contract law stipulated in the invalid contract that one of the legal consequence is to return the property, but there is a controversy in theory on the nature of the return of property, there are "dinglicher Anspruch said","claim of restitution of unjust enrichment said " and "competed gathers said ". this paper is in order to admit that the nature of return the property use " claim of restitution of unjust enrichment said" as the premise to expound. But return the property should be how to return, return the object and scope, the scope of return the obligor, whether the obligee to exercise right applicable statute of limitations such as a series of practical problems, because of the legislation is rough and crude so that is lack of operability.All over the world, countries of Anglo-American law system, contracts, torts and unjust enrichment system have become the three cornerstones of modern civil law, In continental law system countries also got the attention that it deserves, but our country researches the system which is traditional and important in civil law is quite lacking, Such as content of paper’s research is for ten years ago, in the recent ten years is almost blank, seldom relating, monograph number is limited. Limited resources mainly focused on some "hot" or "avant-garde" topic. In this paper, it puts the invalid contract in combination with the unjust enrichment system, compare the legislative status quo between home and abroad, under the invalid contract perspective in this paper, the related questions of unjust enrichment, when it is an invalid contract,it is also elaborates how to exercise the unjust enrichment, and perfecting Suggestions, so that through this system to make a good solution in invalid contract. Through the theoretical research can make better to guide practice.