Research On The Approval Of Contract

Approval of effective contracts spans the two major jurisdictions of public law and private law,and involves the tension and boundaries between public and private powers,showing many differences from traditional civil contract norms.brought confusion.Paragraph2 of Article 502 of the Civil Code initially established a normative system for approving effective contracts,but the controversy over the issues arising from such contracts in the theoretical circle did not end there.Analyzing the nature of public law,administrative approval in civil contracts should belong to administrative licensing,and the logical starting point for its involvement in the field of civil contracts is to coordinate private law autonomy with state control,and to balance individual interests and national interests.At present,there are three main different views in the academic circle on the validity of the contract without administrative approval,the invalid contract theory,the valid contract theory and the non-effective contract theory.The evaluation of contract validity can be divided into static and dynamic.The traditional quartet method of contract validity-valid,invalid,revocable,and validity pending,is the division based on the static evaluation of the validity status,while "ineffective" is a dynamic description of the validity status of the contract.It has an independent legal status,and the contract in the non-effective state has formal binding force.In the past,the theoretical circles in our country simply adopted one theory to study the validity of the approved contracts in batches,which easily led to the rigid application of the law.It is the best research plan to analyze the validity of different types of approved contracts with a typological approach.If the contract itself is the subject of approval,the contract will not take effect without approval;if the change of rights is the subject of approval,the validity of the contract will not be affected,and the contract will only take effect after it is approved.In addition,through the analysis and research of the legal nature of the approval obligation and the path of attribution,the legal nature of the approval obligation should be defined as the subordinate payment obligation of the contract,and it is more reasonable to violate the approval obligation to assume the liability for breach of contract.When the obligor violates the obligation to submit for approval,the obligee can obtain effective relief by claiming to continue to perform,compensate for losses,and terminate the contract.When claiming continued performance,the contract-abiding party may appeal to the court to compel the obligor to continue to perform or request to grant its substitute performance;when claiming compensation for losses,the scope of compensation includes not only reliance interests,but also certain performance interests;,already has a certain binding force,the parties should be allowed to terminate the contract according to the actual situation.