Mandatory Provisions And Contract Effectiveness Studies

This paper consists of four parts:The first part according to the order of development time, analysis and ev aluation of the legislative and judicial different understandings in different histori cal period in invalid problem of illegal, in recognition of its continuous improve ment efforts and the remaining problems and puts forward some thinking, which l eads to the theme of this paper is the relationship between the effect of mandator y provisions and contract in the end how to the problem of determining.The second part discusses the topic of this paper shows that the first step i s to find legal basis, that is required in order to China’s current illegal and invali d standard as the center,around the normative basis for discussion. This part will adopt various methods of legal hermeneutics on China’s illegal invalid specificatio n function, specification and violation, illegal invalid relationship good customs nor ms mandatory provisions of specification a pragmatic order constraints, the purpos e of illegal invalid specification limit interpretation, the effect of the provisions an d regulations of helplessness to carry on the concrete analysis.The third part is a discussion of the topic step second, also how to judge wh ether a legal standard for the mandatory provisions. Through the understanding of t he mandatory provisions of different countries or regions, put forward the criterio n to be used in this paper.In the judgment of the mandatory provisions can be fro m two aspects of form and essence,form of judgment is mainly to the normative terms are interpreted literally, with certain limitations, and the substantive judgmen t is the purpose of the legislation to protect the interests of the parties to the cont ract value or interest in exercise and balance to measure whether there is violation and push the mandatory provisions.The fourth part is a discussion of the topic is the third step, according to th e legislative purpose of the dispute of a specific mandatory requirements, the subsu mtion to illegal invalid specification this specification basis, thus obtains the specifi c consequences of the violations of the law, finally according to specific regulator y matters of the contract,from the subject,content, form, performance four aspects has made the study of a type of illegal contract.