On The Determination Of The Validity Of The Contract

The effectiveness of contrast is the foundation of contract theory system. Any other problems, such as the right, the duty, the liability of a contract can't be resolved before the effectiveness of a contract is resolved.This dissertation will discuss several problems of its effectiveness in practice by means of three paragraphs. Legal connotation of the contract's effectiveness will be analyzed mainly from its conception, its real significance and its deriving conception. On the aspect of its conception, I adopt the general theory. On the aspect of its real significance, I emphases on the judicial practice, the theory and the parties . One the aspect of its deriving conception, I mainly analyze its coming into existence, its pending-validity, alterable, revocable, cancel and violable, violable and termination, coming into existence and effectiveness. I also explain some deficiency of the contract law.While analyzing the system of the contract's effectiveness, I comment the effectiveness of powerless punish, the effectiveness of violable contract, the limitation of contract freedom field among consumer, worker, society interest.There are some problems in the inefficacy contract system, such as the limitation of the system, the blur prescribing of void claiming right. Aiming at resolving these problems, this dissertation makes a deep discussion. After definituting the conception of the inefficacy of contract and distinguishing the inefficacy and no coming into existence of the contract which not prescribed in law, I use the comparing method for introducing and adopting the system of German and Britain. At last, this dissertation brings forward ways of perfecting the defect in Chinese Contract Law, including the character and time of the right of claim.