The Contract Study Has Not Been Validated

For a long time, there has been no strict distinction between the establishment and effectiveness of a contract in the theory of civil law, resulting in various chaos of the ineffective contract in the judicial practice. After the promulgation and implementation of the "contract law", the law has distinguished the establishment and effectiveness of a contract from the legislation, which provides the basis for the generation of the unimplemented contract. And the concept of unimplemented contract comes out firstly in "contract law interpretation(I)" the Supreme Court.The unimplemented contract is the one that has been established but has not yet come into force. Its specific features are as follows: firstly, the process of concluding the contract has been completed. Secondly, the parties shall enjoy the expectant right to the contract. Thirdly, the contract has not been effective until the special requirements of validity are accomplished. There are different main types of contracts, such as the contract attached by effective conditions or deadline, or the effective contact after being approved or registered, or the contact effective after certain specific behaviors been completed and the effectiveness-pending contract. The unimplemented contract has binding force to the party. And the validity of the contract does not work on the premise of the effectiveness of the contract, which does not have an effect on the effectiveness of some special provisions in this contract. In order to clarify its legal status, the unimplemented contract can be incorporated into the validity of the contract(with the exception of the effective period of contract).Through the analysis of the defects of the unimplemented contract, the different interpretations on the unimplemented contract from the Supreme Court are the main manifestations of the chaos in the legislation of the contract law. Therefore, the main measures to improve the defects of the unimplemented contract are to strengthen the theoretical research and unify the judicial interpretation. The legal liability of the unimplemented contract shall be incorporated into the scope of the liability for fault in the contract, based on the specific analysis of different types of the responsibility of the unimplemented contract and the relations between the subjective fault of the contract parties and the damages and compensation as well as the scope of compensation, it is more conducive to protect the legitimate rights and interests of the party in the judicial practice.