Study On The Contract That Needs Administrative Approval And Its Violative Liability

In the backdrop of the civil code compiling is actively expand,scholars' enthusiasm for inactive contract discusses the more and more is also high.But unfortunately,under the background of the doctrine of "inactive",for the typical-to be ratified contract not become effective on the core issue of effectiveness,such as to be ratified the approval and obligations under the contract and dispute resolution clauses can separate legally effective,the obligor fails to perform the obligation should be what kind of responsibility for and to be ratified contract comes into effect when lifting the justification and approval of duty like nature of the force of law,the key problem of legislation in our country is not a positive development,this is also a theoretical and practical circles have more confusion and controversy,unable to meet the needs of practice,will affect the unity of the judicial referee,beneath the judicial authority.Uphold justice and inspired the concept of good faith and the judicial practice,to be ratified contract is effective when the part with the contract of the effect of the part is not in the main obligations under contract comes into effect,the parties obligations regarding the approval and dispute resolution clause in the agreement shall enter into force can independently.In addition,even if the two sides have not set the obligation for the parties to a contract,its effect also can produce between the parties and independent.In terms of the nature of the obligation of the contract approval,no matter from which still maintain justice,or the origins of creditor's rights protection,it should belong to the contractual obligations.Obligations and approval system of service to the Lord to ratify the contract payment obligations,guarantee payment and the realization of interests,and in at the start of the contract that have been identified,and the obligor in violation of the obligation can be filed for specific performance or damages to independently as a result,it should be from the payment obligation.Take effect for violation to be ratified the contract obligations of imputation,should be flexible to cope with,can't fulfill the request of the interest compensation of course support.Moreover,to be ratified with the necessity and possibility of lift as the object of contract,the contract or agreement to remove,also to the force majeure and the other party delayed performance or any other breach which is terminated when the contract purpose can't realize.