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The Influence Of Administrative Examination And Approval On The Validity Of Contract

Posted on:2021-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ZhangFull Text:PDF
GTID:2416330602972835Subject:Law
Abstract/Summary:PDF Full Text Request
As a concept across the multi-disciplinary field,the special existence of administrative examination and approval has been causing a variety of disputes in theory and practice,the main reason is that the provisions of the law are very vague,which makes the academic community have many views on this.Although the relevant legal system is gradually established,there are successively contract law and relevant judicial interpretations,Sino foreign joint venture law and relevant judicial interpretations,nine people's minutes and other relevant laws,all of which have provisions related to the effectiveness of administrative examination and approval contracts,which is a gradually mature system construction as a whole.However,although there are laws and regulations,there are some problems in the development of theory.Because of the wrong understanding of the concept of "not effective",there is a phenomenon of "different judgments for the same case" in practice.However,the promulgation of the nine people's minutes is an important part of the process of unified adjudication,but its provisions are not comprehensive,and the related problems have not been completely solved,for example,in practice In practice,legal workers often have doubts about whether administrative examination and approval will affect the effectiveness or performance of the contract,and there is no relevant law to answer them.There are many similar problems,which need to be paid enough attention to,and further study and discuss how to unify the disputes in practice to avoid subjective judgment.In my opinion,if we want to solve the problem,we must first analyze the problem,understand the causes of the dispute,and then put forward reasonable countermeasures.The purpose of this paper is to discuss the impact of administrative examination and approval on the effectiveness of contracts in the field of civil law,to integrate its relevant theoretical issues,to explore the nature,source and role of the obligation to submit for approval,as well as the nature of "non effective" contracts without administrative examination and approval,to sort out the relevant provisions of the current law,to extract the typical cases in judicial practice,to analyze and classify why it is difficult to form in judicial practice This paper analyzes the reasons of unified adjudication,puts forward some opinions on the phenomenon of disordered adjudication in judicial practice,integrates the ideas after combining the authoritative opinions of many scholars,and then determines the impact of administrative examination and approval on the effectiveness of the contract,hoping to promote the unity of academic understanding and eliminate theoretical disputes.This paper is mainly divided into seven chapters: the first chapter is to lead to the problem,through the practice of the controversial phenomenon,extract the typical cases to find out the theoretical problems,in the later discussion and analysis.The second chapter is to find out how the administrative examination and approval affects the regulation of the effectiveness of the contract through the search of the current law,to find the legal basis for the subsequent analysis,and to explore the future development direction of the law in combination with the formulation process.The third chapter starts from the theoretical level to explore the "ineffective" effect of unapproved contracts,determine the nature of administrative approval,and discuss how it affects the effectiveness of contracts.The main content of the fourth chapter is that,in practice,the court will often identify "ineffective" contracts as invalid contracts,the main reason is that there are mandatory provisions in Article 52 of the contract law,so it is necessary to distinguish the two.The fifth chapter is based on the distinction of the fourth chapter,introduces a unique existence in the administrative examination and approval contract,that is,the obligation to report for approval.It is also a reason for theoretical disputes,including its nature and the corresponding liability for breach of it.The sixth chapter is an empirical study of the "ineffective" state of the unapproved contract which is prone to confusion in practice,exploring how to avoid different judgments of the same case,hoping to draw lessons from the problems in practice.
Keywords/Search Tags:administrative examination and approval, contract effectiveness, approval obligation, mandatory provisions of effectiveness
PDF Full Text Request
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