On State-owned Assets Transfer Contract Of Mr.Lin & Mr.Chen And Gansu Youth Travel

The transfer of state-owned assets of the contract because of the particularity of the contract subject of wide public concern, this kind of contract. It is the conclusion of the contract and force are closely related to the vital interests of. The "contract law" and relevant judicial interpretation although a violation of the provisions of laws and administrative regulations of the mandatory provisions of the validity of the contract is invalid, but did not clearly define the concept of the effectiveness of mandatory and applicable regulations. "Management measures" provisions of the assessment of the state-owned assets of state-owned assets shall be assessed at the time of transfer. Whether the provisions for the effectiveness of the mandatory provisions is a violation of this provisions of the transfer of state-owned assets and how the validity of the contract, the legal theory and judicial practice and no consensus. Therefore the court when there are many situation. China enterprise transfer cases by state-owned assets assessment of contract grounds without assets, requesting the court to confirm the contract invalid. The court of first instance, the court of second instance that assets appraisal standards for effectiveness of the mandatory provisions, shall confirm the contract invalid. The Supreme Court retrial that assets appraisal standards for management of mandatory provisions, in violation of the provisions shall not affect the validity of the contract. Through combing the case, sorting out the three issues:(1) the state-owned enterprises are entitled to bring the lawsuit rights; (2) state owned assets appraisal standards is mandatory rules on effectiveness; (3) transfer of state-owned assets of the contract is valid. In this paper, through the analysis of the arbitration award and the arbitration law, it is concluded that the state-owned enterprises have the right to appeal. Combining elements of social public interest and the principle of honesty and credit, the parties subjective state to determine the validity of the contract from the transfer of state-owned assets, and that the sample of cases against state-owned assets assessment specification for the transfer of state-owned assets of the contract is valid. By setting the indicators and decision factors, in order to better serve the legal practice, and to provide theoretical support.