Research On "Conditions" In Conditional Contracts

The conditional system of contract(or legal act)can be traced back to the era of Roman law.Under the influence of Roman law,civil law countries generally made corresponding regulations on the system.In China,the General Principles of the Civil Law,General Provisions of the Civil Law,the Contract Law,Supreme People's Court's Opinions on the Implementation of the General Principles of the General Principles of the Civil Law of the People's Republic of China(For Trial Implementation)and other legal and judicial interpretations have also made some more specific regulations,there are also a large number of conditional contracts in judicial practice.However,Chinese scholars' research on conditional systems is still insufficient,and some theoretical issues need to be resolved.The general view is to use the “effectiveness decision theory” when defining the legal concept of conditions.It considers the conditions to be those uncertain facts that can determine the legal effect of the contract.However,the“effectiveness decision” has to face the dilemma: the legal effect of the contract is the evaluation of the contract already established by the law.How can the condition as the product of party autonomy determine the legal effect of the contract? The opposite of the "effectiveness decision" is the "limited effect theory",which says that the condition is an uncertain fact that can limit the effect or elimination of the contract effect.Obviously,it can be said that it can get rid of the aforementioned predicament and is more reasonable.On the issue of whether the existing conditions can be used as conditions,the academic circles have always had the arguments of negation and affirmation.Objectively speaking,the parties sometimes inevitably agree on the conditions of the established conditions,so the affirmative should be adopted on this issue.However,when it comes to the legal effect of the established conditions as a condition,it is necessary to optimize the affirmation.On the question of whether the legal conditions can be used as conditions,the scholars who hold the negative account for the vast majority.However,from the perspective of maximizing respect for the autonomy of the parties,it should be affirmed that the statutory conditions can be used as conditions,and the courts in practice also recognize that the statutory conditions can be used as conditions.In the case of the party's improper decision to promote or prevent the conditional achievement behavior,first of all,to use diversified standards to identify misconduct;secondly,it should be confirmed that the third person can also become thethird person here;finally,in order to avoid excessive protection The other party should require a causal relationship between the act or condition being promoted or prevented.Scholars are more agreeing on whether to allow the parties to choose the conditions for the application of the conditions,but there are also a few voices of opposition.Considering that Article 45,paragraph 2 of Contract Law is not a mandatory norm,the parties should be allowed to choose to apply the clause.A negative statement should be made on whether the statutory conditions can be applied to the conditions of the proposed conditions,that is,whether it is the contract performance level or the responsibility investigation level,the statutory conditions should exclude the provisions of the applicable conditions.