Empirical Study On The Effect Of Disposition Of Contract

Theory based on the right to dispose of the effectiveness of the contract concluded by the controversial,and has produced serious differences,the differences between the concrete can be summed up as invalid,said with pending validity and effective.In 2012 the supreme people's court about buying and selling contract dispute case applicable law questions of interpretation,let already hot "efficient" and "pending" struggle more."Effective" and "invalid",its purpose is to let our country did not have the right to dispose of system more scientific and more accords with the practice of China's commodity trading,consummates our country the construction of the rule of law theory,to better guide the practice of the dispute.Theory can guide practice,practice can also react on theory.Therefore,in the theoretical circle now to ascertain the controversial case to have the right to dispose of contract effectiveness,has no right to dispose of the effectiveness of the contract in the court judgment practice is what kind of state? What the court decided that the right to dispose of the contract in our country? Is how to understand the "law of the People's Republic of China contract law" article 51,the "contract law" article 132 and article 3 of the "buying and selling contract interpretation applies relation?To this end,this paper tries to explore the right to dispose of contract effectiveness system in theory and judicial practice that the differences of problem,trying to explore by means of judicial empirical research has no right to dispose the dispute of the status quo,in order to summarize experience,further perfect the right to dispose of theory,also in the hope of contributing to the rules of the future civil code.First,this paper introduces the theory about the right to dispose of contract effectiveness problem of controversial issues,and commenting on the right to dispose of the contract system of legislative review,explore the theory of the right to dispose of contract effectiveness problem of controversy,and around the focal summarizes the problems existing in the current system.Secondly,based on the empirical research approach,to retrieve the collected 112 cases related to has no right to dispose of samples had no right to dispose of contract effectiveness problem of our country judicial review by the referee to examine whether the current system has restricted the judge for the right to dispose of the cognizance of contract effectiveness,explore the judge under the current system path that has no right to dispose the benefits balance why behind the contract effectiveness.Again,this article adopts the method of comparison research,in the overseas typical legislation mode has no right to dispose of contract effectiveness,on the basis of other country experience,combined with domestic actual situation,the real right change mode of our country and the real right disposition contract effectiveness were discussed.Finally,this paper has no right to dispose system in our country in the future,are put forward on the building of the first set of have no right to dispose system applicable scope;Second,in the system design to typed building have the right to dispose of contract effectiveness.