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The Legal Adaptation To The Referral Clause Affecting The Validity Of The Contracts In The Contract Law

Posted on:2018-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q WuFull Text:PDF
GTID:2346330536976147Subject:Law
Abstract/Summary:PDF Full Text Request
The terms of reference in the Contract Law that affect the validity of the contract are Article 44(2)and Article 52(5),both of which violate the provisions of laws and administrative regulations.Effectiveness of the different effects,the law can not help but become confused and fuzzy.Referral provisions for other legal norms into the field of contract law to provide channels,different types of legal norms on the effectiveness of the contract have different effects,combined with the validity of the referral clause itself,and ultimately the "Contract Law" outside the legal norms of the contract to effectively adjust The application of Article 42,paragraph 2,of the provisions of Article 44,the contract is not in force;for the application of the provisions of Article 52(5)of the provisions of the contract is invalid.At the same time,in the absence of a clear legal nature of the law,it should be limited to intervention,limit the principle of nullity,that is not necessary to make other norms involved in the contract law,the contract should be invalid to take caution.
Keywords/Search Tags:Referral clause, Private law autonomy, Applicable law, Laws and regulations, Not active, Invalid
PDF Full Text Request
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