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Research On Contract Without Administrative Approval

Posted on:2018-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:L LiFull Text:PDF
GTID:2346330536964018Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The administrative examination and approval is the power that the country entrusts with the administrative organ,in order to realize its control and intervention to the private domain.So without administrative approval of the contract often involves cross administrative law and civil law,in addition to the legal provisions on the ambiguity of this kind of contract,the contract is not unified the judges in the judicial practice,which will bring great harm,is not conducive to safeguarding the legitimate rights and interests of the parties and the judicial authority,does not conform to the fair the law has the spirit of justice.The judicial practice is not uniform,but also the theoretical understanding of the reaction is not uniform,therefore,the theoretical study of such contracts is particularly important.Based on this,this paper studies the existing academic research results on the basis of the administrative examination and approval of the contract has not been related to the analysis of important issues and try to put forward my views.Expect to that it will useful for the theory of this kind of contract and egislation and judicial practice.This paper mainly uses the interpretative theory,theory of legislation without the approval of the relevant administrative approval of the contract to explore,through the analysis,put forward the executory contract is binding on the validity and does not have the effect of performance,but it has the binding force and binding force is not only the form,but also include some substantial binding force.In addition,after the analysis of the difference between the administrative examination and approval system and the registration system,the author points out that the principle of distinguishing between the administrative examination and approval system can not be directly applied to deal with the validity of the contract without administrative examination and approval.And in violation of the obligation to accept the obligation of approval,in the analysis of the shortcomings of various views,the proposed breach of the obligation to be liable for breach of contract.In the way of relief,in this paper,without administrative approval of the contract by a party in violation of the obligations of approval,the non breaching party according to their own situation,you can sue the court for compulsory execution or choose to terminate the contract and compensate for the losses.
Keywords/Search Tags:Administrative examination and approval, validity of contract, principle of distinction, duty of approval, the liability for breach of contract
PDF Full Text Request
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