Study On The Invalidity Of The Contract Due To Violation Of Mandatory Provisions

The invalid contracts violating the mandatory provisions are not in the minority. The purpose of this paper is to make clear invalidity identification of the contract due to violation of mandatory provisions basing on the current theory of illegal contract and invalid contract and ensure that the practice can accurately discriminate cases to protect the legitimate rights and interests of the parties.The author studies the invalidity of the contract due to violation of mandatory provisions using kinds of methods, such as case analysis, the comparison of theory, laws and regulations listed, quoting legal rules, norm analysis, value analysis and social research.This paper is divided into three parts: introduction, text and conclusion. The reason, the research object, the purpose, the innovation point and so on are introduced in the introduction part. The conclusion part is the summary of the viewpoints.The main text is divided into five parts altogether. In the first chapter the author analyzes several kinds of identification tendency of the cases, and then gives a few typical cases of violation of mandatory provisions. The conception and identification of mandatory provisions, mandatory provisions relating to effectiveness and administrative mandatory provisions should be discussed. The second chapter is the theoretical interpretation of the invalid contract in violation of mandatory provisions. The interpretation of the purpose and public interest law are discussed especially. The problems of mandatory provisions and mandatory provisions relating to effectiveness are analyzed and summarized. In the third chapter the author explores the situation under the relevant systems. The author concludes that the invalid contract due to violation of mandatory provisions is absolutely invalid. The conversion system can’t be used and the correction system can be used under some circumstances. Then the author analyzes the situation under the prescription system. In the fourth chapter, the legal consequences of the invalid contract due to violation of the mandatory provisions are elaborated.The partially invalid system can play an effective part of the invalid system. In the fifth chapter the author proposes several solutions to the cases.