A Claim Right Study On The Recovery Of Property In Invalid Contract

Contract plays an extremely important role in people’s daily life and overall economic development. At the same time the rapid development of the market economy to generate invalid contracts is inevitable. After the contract is invalid on the legal consequences, because the contract was invalid and whether the property should be returned, in what way should return the property, how to define the scope of the return of the property, these issues should be clearly defined in legislation. However, the provisions of this legislation rarely involve requiring more vague. Void contract has been fulfilled or partially fulfilled, the contract shall be the subject of how to deal with at this point in our country and outside the judicial process is different.This paper argues that:Invalid contract restitution of properties should be used, said the competing views. Confirmation invalid contract statute of limitations does not apply, but the return of property shall apply aging. Restitution of aging starting point should be based on the legislative intent of the statute of limitations, case distinction to treat the condition. For the return of the property range, representation theory learn foreign civil law and common law system, point of view, the conclusion is:according to the exercise of the right to request a different choice, divided into exercise request temporary return of unjust enrichment and scope exercise restitution request temporary return of the scope of the two cases. Finally, the construction contract is invalid and ineffective rental contract to explore the limits of the right to request the return of a special contract. The conclusion is:not valid for Construction Contracts should be divided not fulfilled the contract is confirmed as invalid, not yet completed, fulfilled and engineering quality standards and fulfilled but inferior construction quality four cases discussed. Invalid restitution for the rental contract should be recognized as the nature of the return of unjust enrichment claims.