Validity Of Contract In The Period Between Establishment Of Contract And Coming Into Force

Validity of contract is the most important part of contract law which have been reached usually. With the development of the Contract Law of PRC and relevant judicial interpretation, The theory on validity of contract has been mature, however they pay a litte attention with the validity of Establishment of contract and Becoming Effective of contract. What is the validity of contract? What is the relationship of the validity of contract and Establishment of contract and Becoming Effective of contract? How does the validity of contract express in the Establishment of contract and Becoming Effective of contract? Which cannot be avoided in the theory on validity of contract. For concluding the Responsibility of Contract which is in the period between establishment of contract and coming into force and supplement of the theory on validity of contract, This thesis not only redefines the validity of Establishment of contract and the validity of Becoming Effective of contract, but also discusses several typical contract which are in the period between establishment of contract and coming into force by reaching the validity of Establishment of contract and Becoming Effective of contract with the Chinese judicial practice.There are three parts of this thesis.The first part mainly discussed the conception of validity of contract and the validity of Establishment of contract and the validity of Becoming Effective of contract, in this part, the author considered that the validity of contract is the reflection of individual will and national will, which should be defined as'the binding force to the contracting parties and the third party , which must be compulsory execution in a lawful contract.'in addition, this part distinguished the binding force of contract and the validity of contract, defined the validity of Establishment of contract and the validity of Becoming Effective of contract with interpretation of relevant law. The second part mainly discussed the liability of contract which is in the period between establishment of contract and coming into force. By expounding the probable types of responsibility, which are liability for tort, liability for Fault, liability for breach of contract and independent liability, the author considered that liability for tort and Liability for Fault could be apply to the period between establishment of contract and coming into force. The last part discussed the contract subject to a condition precedent, the contract subject to an effective time and the contract subject to examined and approved or registered in the period between establishment of contract and coming into force, defined liabilities and remedies, especially discussed the third type with analyzing the relevant law.