Types Of Effectiveness Of Contracts Subject To Administrative Approval

The current theory and practice in China adopts the approach of combining administrative approval with the validity of contracts,defines the effectiveness of unapproved contracts as "not in force",and equips those contracts with independent legal consequences:the obligor continues to perform the application for approval or the counterpart performs it on his behalf,compensation for the performance of benefits,etc.However,there are many logical difficulties in interpretation:why can the application for approval be effective independently before the contract takes effect,and what is its nature and legitimacy?Is the violation of the approval obligation a liability for contracting negligence or a liability for breach of contract?The innovation of this paper lies in adopting the model of typed thinking,constructing a system of administrative approval contracts,and exploring the effectiveness of various types of contracts and the consequences of legal liability to solve the aforementioned logical problems.The administrative approval contracts can be divided into two categories according to the different approval contents.The first category is the administrative approval contracts not involving the transfer of rights.Those contracts are divided into two types:the administrative approval contract for market access qualification and the administrative approval contract for purely basic contract behavior.Depending on the possibility of approval,in the case of the possibility of approval,the contract does not take effect,and the approval obligation independently takes effect;in the absence of the possibility of approval,the contract is invalid.The second major category is the administrative approval contract involving the transfer of rights.Without the administrative approval,the contract is still valid and the obligation of the application for approval is valid,except that the rights have not been transferred.