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Research On The Validity Of Non-effective Contract

Posted on:2018-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2346330536475679Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under normal circumstances,the contract would entry into force oncebeing established,the contract is established at the same point in time as the contract becomes effective,while there is no time and effectiveness intervals between them.In exceptional circumstances,however,the established of the contract may be separated or should be separated from the entry into force of the contract.The so-called may be separated,is that the two may be separated in accordance with the agreement between the parties,for example,the establishment and effectiveness of the contract with the entry into force conditions,and with the effective date.The so-called should be separated refers to the separation of the two according to the special provisions of the law,such as the establishment and effectiveness of the contract which need to be approved and registrated to enter into force according to the law.Such a contract is called an "non-effective contract".The validity of the non-effective contract includes two aspects,namely positive effect and negative effect.Positive effect refers to the rights and rights requestof the parties to the contract,the negative effect is the obligations of the parties to the contract and performance of the obligations and liability for non-performance of obligations.
Keywords/Search Tags:non-effective contract, negative effect, positive effect
PDF Full Text Request
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