The Validity Of A Contract That Cannot Be Performed From The Beginning-Case

The research on the impossibility of performance from the beginning is usually carried out from the perspective of comparative law and determined by the form of legislation or jurisprudence.China's contract law has been unable to deal with invalidity from the beginning for a long time.However,with the development of the world legislative situation and the new requirements of practical processing,the way of treatment that cannot be dealt with since the beginning is no longer unitary,but tends to be pluralistic.Starting from the meaning,the main types and the criteria of judging the impossibility of performance from the beginning,this paper applies the methods and techniques of literature research,empirical research and comparative law,etc.The question of the validity of the contract and the legal consequences of the inability to perform from the beginning Discuss and summarize.In this paper,the author discusses the validity of the contract and the distribution of responsibility through a contract case signed by a fictitious wealth management product.This paper introduces the legal status of the impossibility of initial performance in our country,including the criterion of judging the impossibility of initial performance.Although there is no clear stipulation in civil law of our country that the performance cannot be carried out from the beginning,the contents of some articles of law actually explain the impossibility of performance.Then it introduces the recognition and opinion of the non-performance contract effect in our country and abroad and relevant international law.The German Civil Code before the amendment considered the contract which could not be performed from the beginning to be null and void,but the newly amended German debt law was found to be valid However,international law basically considers that the contract is valid.According to the conclusion,the author concludes that the basis of the validity of the contract is the provisions of Article 143 of the General principles of Civil Law,that is,it must conform to the constituent elements of the contract's entry into force and there must be no statutory circumstances that would invalidate the contract.The last part is the legal consequences of the impossibility of performance from the beginning.The law of our country does not provide for the legal consequences of the inability to perform the contract from the beginning.Therefore,the legal consequences of the non-performance of the contract are basically dealt with in accordance with the uniform provisions of the liability for breach of contract.The provisions on the legal consequences vary from country to country,but the basic idea is to replace the damages paid and indemnify them.Remedy means such as right of claim and rescission of contract.In this article,the author holds that the liability for breach of contract should be dealt with by the way of rescission.Through the reading of other works,literature and the analysis and understanding of the relevant cases in this case,the author believes that in the judicial practice of our country,we should find that the contract that cannot be performed from the beginning is valid.And should unify our country legislation and the judicature as soon as possible to this question different practice.In terms of the distribution of liability,the author thinks that the legal consequences of rescission should be applied to the cases cited in the paper,which is more feasible than other relief measures,and is also the most effective way to protect the interests of creditors.