Contract Validity In Violation Of Mandatory Regulations

In recent years, courts across the country to hear the rural land contract disputes circulation is often one of the parties involved in the contract in violation of the mandatory provisions of national laws and administrative regulations, unauthorized changes in agricultural land use, contract sued by the other party in order to request the People's Court confirm land transfer contract signed by both parties is invalid and demanded restitution, return of land. Questions about the validity of contracts identified, "the Supreme <applicable People's Republic of China Contract Law" Interpretation of Several Issues(two), "in violation of the mandatory provisions of Article XIV validity of the contract is invalid, but what is the effectiveness of its mandatory no further explanation. Legal provisions are summarized side, one side is difficult to weigh the value of such judge caught in a dilemma embarrassment. In this paper, the effectiveness of the framework contract, combined with the cases cited herein, a method to distinguish between theorists and practitioners on the effectiveness of compulsory standardization and management of peremptory norms for the study, elaborated from the perspective of judicial judgment, of the contract finds the path effectiveness, with a view of rural land contract management rights transfer contract disputes hearing the views put forward for reference.In addition to the introduction and conclusion of this article is divided into four parts, about 17,000 words.The first part introduces the basic situation of the case. Including the case reports, opinions and disagreements focus controversial cases. Select the case of mine, along with the Department of the author himself hearing cases involving rural land contract management rights transfer process without the approval arbitrarily change the nature of agricultural land validity of the contract judgment.The second part introduces theories of Domestic and international Mandatory regulations, especially researches how to distinguish validity provisions and administrative regulations in China, Germany and Japan. This part is talking about the academic research on the issue of the dispute. The focus of the study is on the normative purpose of Germany and the performance of Japan's behavior.The third part is talking about the legislation and judicial practice of mandatory norm in China. Carding the legislative level the judicial practice of the compulsory provisions at present in our country.The fourth part introduces the effect of mandatory norm on the validity of contract. Studies on the method of mandatory standard distinction. This part is closely around the focus of controversy in the case. The case is analyzed by using the method of the former.Then come to conclusion. It is extended on the basis of the case. I try to put forward the solution to the problem. It is the positive part of the paper. Then we can test whether the method is operable or not.