On The Validity Of The Contrat

In this paper,the validity identification of the contract is derived by paying for the contract dispute of a certain house.Connotation of this article first analyzes the right to dispose of system,including formalism has no right to dispose of the property rights system,meaning under the doctrine of the right to dispose of creditor's rights system and the system of creditor's rights formalism has no right to dispose of,in the civil law in China,the transfer of the ownership of the subject matter is to register or deliver to the elements,but the contract law of the People's Republic of China on the provisions of the sales contract is enough to show that business contract has not only the effectiveness of the creditor's rights debt relations,also have cause the effectiveness of the transfer of ownership,therefore,our country civil law does not recognize is the basis of independence.Therefore,it should be based on the formalism of creditor's rights in our country's legal system.Chinese scholars have the effect of not having the right to dispose of the contract,and there are three kinds of invalidation,validity and validity.In the context of not abolishment of the right to dispose of the rules,it is possible to interpret the contract entered into as a contract with the right to transfer,but its performance is not affected.Therefore,when the parties breach the contractual obligations,they shall be liable for breach of contract.In order to respond to the complexity and stage of modern transaction,it is necessary to understand the validity of the contract at different levels,or to distinguish legal action from property rights and creditor's rights.Combined with the supreme people's court issued at a news conference about business contract dispute cases new interpretation problems of applicable law,including the right to dispose of the effectiveness of the contract that problem and to major changes have taken place than before:shall not be entitled to dispose of the effectiveness of the contract with pending validity to deemed to be valid.The change of attitude has aroused great concern from all walks of life.Through the concrete analysis of article 51 of the contract law of the People's Republic of China and article 3 of the judicial interpretation of the contract of sale and purchase,the author thinks that it is reasonable and can give consideration to the interests of all parties.But the legitimacy of creditor's rights formalism said as an effective theoretical basis,there are certain defects,also consider the real right behavior theory in our country,and will be the real right behavior for a change,so that you can support reasonably effective said.