The Understanding Of The Conditional Contract And The Application Of Judicatory

The conditions for contracts largely reflect the autonomy of private law,and the autonomy of private law provides individuals with the freedom of legal protection,which enables individuals to get independent decisions.However,in the process of concrete judicial practice,the understanding of the nature of "conditions","conditional imitation" and "classification criteria" and "judging criteria" of "conditions" are different,which leads to many misunderstandings in judicial identification and is not conducive to settling disputes.Conditional conditions in conditional contracts must be characterized by uncertainty,legality and meaning.The identification of "conditions" should be combined with strict compliance rules and substantive performance rules.On the basis of current legal conditions for success on the validity of contract the impact will be "conditions" for effective classification conditions and termination conditions,but "effective conditions" in the semantic is not precise,easy to confuse and "special conditions",to let the parties do not take effect in the condition of misunderstanding with achievement before,should be "effective" reply as the traditional civil law by the use of "delay conditions" or "stop condition";the current legal conditions for preparing the results too absolute,should be given the conditions of quasi relative system of choice,and the provisions of the corresponding liability.