Research On The Validity Of "Illegal" Contract

The validity of contract means "the legal effect" or "the legal binding force" of a contract between contracting parties. A contract which violates the law will get negative evaluations. And the law may judge it to be a invalid contract. The Contract Law of People's Republic of China reduced the range of invalid contract to protect social economic order, however its 5th item of article 52 is really difficult to achieve the purpose. In reality, many contracts which contrary to legal compulsory standardization can not damage state interests, social public interests or the third parties' interests. Therefore, to reflect the existing system of the validity of contract and to improve the system on the basis possess important actual significance.The thesis adopts several research methods including value analysis, synthesize literature, comparative law to analyse research results of China, Germany and Japan. On this basis, the thesis analyses the problems of existing laws of China. And besides, the thesis propose system perfection of the law.In the 1st Chapter, the thesis expatiates on validity of illegal contract in three views, the sino-foreign theory, the legislation and the administration of justice. And the author studies on the problems of the legislation and the administration of justice. The author puts forward view that to judge the validity of a contract not only depend on the Contract Law of P.R.C, but also need the judgement of illegal. In the 2nd Chapter, the thesis analyses three kinds of invalid contract. In the 3rd Chapter, the author suggests to improve the theory of validity of contract in China. Also, the thesis makes system designs in the views of the legislation and the administration of justice.