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The Contract Without Administrative Examination And Approval Legal Issues

Posted on:2017-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Without the approval of the administrative contract in our current law it is regarded as "not active contract", but did not specify what legal responsibilities without administrative approval of the contracting parties shall bear, which led to judicial practice without administrative approval contract disputes justice different. According to justice, divided into the following five categories:foreign-funded enterprise contract, the contract concerning the transfer of state-owned assets, land use rights transfer contract, technology import contracts; mining rights, prospecting transfer contract. Without the approval of the administrative contract is a contract is not in effect, it is different from a valid contract, void contract and the effectiveness-pending contract, and its essence is always an effect which was pending over the state, it can not simply be classified as a class effect form. When the contract without the administrative examination and approval, after administrative approval, its effectiveness has not converted to the commencement of the contract entered into force, but if subject to administrative examination and approval of the contract did not pass the final administrative approval, the contract shall be deemed null and void. Because has been established but not yet into force, the parties undertake not applicable Culpa space, without the approval of the administrative contract fails to perform the obligations of the party for approval shall bear the liability, the main form of compensation for other losses, continue to perform the procedures for approval, or upon request of the other party to terminate the contract.
Keywords/Search Tags:No contract takes effect, contractual effect, administrative examination and approval, breach, approval obligations
PDF Full Text Request
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