Study On The Three Types Of Interest Alteration Model And Its Processing Specification In Invalid Contracts

The two parties of an ineffective contract have changes in property interest during they signing and carrying out their contract,while the treatment of invalid contract property interests is aimed at restoring the status quo and balancing interests.The method of balance between the recovery of interests and the balance of interests should follow the path of interest changes and imbalances,and the patterns of different interest changes correspond to different treatment norms.In the ineffective contract,there are three modes of interest changes:one is the loss of one interest,that is,the benefit obtained by the other.The lost interest and the benefit obtained are the same interest.This is caused by the transfer of interest.Therefore,it can be called "Transfer of interests".The second is that one party suffers loss of interest,but the other party does not benefit from it.This is caused by the fact that the benefit-reducing party transfers the benefit to a third party.Therefore,it can be called "Impairment of interest";The third is that one party has obtained benefits,but it is not based on the other party's losses.It is an increase in interest for both parties.This is due to changes in market supply and demand or benefits to the party for the purpose of paying property for capital investment.It can be called "Increased interest".The"Transfer of interests" model of interest changes apparently achieves the goal of returning to the original status through returning the specification.The"Impairment of interest" model of profit adjustment adopts compensation rules and considers fault factors to fill in the losses."Increased interest"benefit.The change model requires the distribution of benefits based on the principle of fairness,distribution according to the type or average distribution of specific contracts or the proportion of capital of both parties.Value-added benefits,use benefits,appendage benefits,and operating benefits all have specific causes of interest changes,but the use of benefits and attached benefits are the first type of interest changes,and should be applied to the return specification,only when the attachment behavior does not constitute an interest.Interest is a second-benefit model and applies to compensation norms.Value-added benefits and operating benefits belong to the third pattern of interest changes and should be distributed according to the principle of fairness.