Issues Approve Commencement Of The Contract

Approval of commencement of the contract between the contract is set up with the approval of the entry into force, the registration procedures, in order to make public law involved in private law, to contract appropriate interventions and restrictions. Such contracts involving administrative examination and approval, while concerned private autonomy, meaning a basic spirit of party and state specific areas of the realization of freedom of contract management control, administrative actions and civil behavior interaction, dispute the situation is complex, difficult to deal with the case, the maximum The controversy lies in the consequences of approval obligation breached, including:how compulsory approval, whether it itself also needs approval to take effect? How effective contract before approval? Breach of duty which approval responsibilities? Foundation claims that the contracting negligence or breach of contract? How can a way to take responsibility? Under specific circumstances whether to request the actual implementation? The scope of responsibility of the trust interests or perform interest? Whether the contract has not been approved to lift? Recognition of such contracts law applies to grasp? Although the "Contract Law" and a series of related judicial interpretations try to be complemented, but the foregoing problems, were not clearly defined. Academic disputes continue, the judicial practice understanding different understanding, judgment results are not the same, is not conducive to the unity of applicable law, and may detract from the authority of law.From the entry into force of this concept approve contract "was established not in effect," the departure, through the validity of the contract, the contract established with the entry into force of the contract does not become effective and ineffective concepts such as discrimination, to clarify the concept of meaning, straighten out the logical relationship between concepts, founded on contract distinguish the base platform and the entry into force, we shall approve the contract takes effect before approval is valid contract. At this stage though the contract to produce legal effects (enforceable), but still binding on the parties. Administrative examination and approval is a means to achieve national regulators purposes, approval obligation from laws and regulations, with statutory, approval from the payment obligations of the contract, the contract is independent of the other elements, not because the contract does not take effect without the entry into force, The parties shall actively handle approval procedures in accordance with the principle of good faith can not be maliciously refused to fulfill the obligation to avoid contractual obligations approval. Breach of duty of the parties for approval, should be held accountable, through the Commentary on the breach, Culpa and review the existing legal provisions reveal approve the contract takes effect in the attribution of responsibility, lack of accountability exists manner, the scope of responsibility and so on. Hearing the case of combined practice in such cases, in order to resolve the dispute as a fundamental, comprehensive consideration of the case on various factors behind the search for a conflict of interest dispute, easing to soften the breach and breach of difference, as far as possible choose to take appropriate program circumspect, to balance the value of the conflict, trying to achieve fairness in individual cases. Finally, by drawing on the German law on the ratification of entry into force of the technical arrangements of the contract, for the approval of commencement of the contract, according to the resulting "Contract Law" to understand the application of Article 44 of the analysis described, and identify its article 52 on the "Contract Law" (distinguish 5) of the application. Through the above study, we hope to be able to improve our system and the commencement of the contract approved standardized and unified justice helpful.