Research On Ineffective Contract

At the beginning of the not-effective concept,scholars conducted a theoretical analysis of non-effective contracts.Although the legal theory community has never been effective,the scholars have not formed a unified understanding of this.Most of the conceptual scholars who have not entered into force are aware of the unanimous agreement.The stage of not entering into force is before the contract comes into effect.Therefore,the study of non-effective contracts is also based on the establishment of the contract.It is considered that the non-effective contract is a contract that has already been established but has not yet taken effect.However,this does not really analyze the non-effective contract.With the progress of society,the complexity of problems in people's lives has caused problems in the application of theoretical understanding and judicial practice for non-effective contracts,and challenges to the application of laws and judicial authority.This requires deepening the research on legal theory in the non-effective contract,finding suitable solutions to guide judicial practice,and providing guidance and reference for the application of legal provisions.This paper is divided into five chapters.The first chapter is the introduction.It mainly introduces the research background,research status,research purpose and research methods.The second chapter defines the non-effective contract.From the distinction between the validity of the contract and the entry into force of the contract,it is concluded that the entire phase of the contract should be established-effective-effective,so the non-effective contract should be a legally established and effective contract.On this basis,we study the features,classifications,and related concepts of non-effective contracts.The third chapter is to study the legal binding force of non-effective contracts.First of all,a detailed study on the contract binding force and contract effectiveness is conducted.The contract validity and the contract binding force are the same concept,but they are just different ways expressed by the academic community.In the non-effective contract,the legal binding force of the contract is not complete,and it lacks the fulfillment power after the contract takes effect.The non-effective contract only has the form of binding force on the parties,and there is no real performance force.At this stage of the non-effective period,although the parties to the contract did not actually perform their duties,it does not mean that the parties who have not entered into the contract do not assume any obligations,and the obligation to apply for approval in thestatutory non-effective contract should be the primary obligation in essence.The fourth chapter examines the legal responsibilities that the parties have to bear when violating the non-effective contract.Through the discussion of the existing theory of legal liability application,combined with the relevant provisions of the current law and judicial interpretation,on this basis,we conclude that the parties should bear the responsibility for breaching the non-effective contract.Responsibility is the responsibility of breach of contract,which is within existing legal regulations,while at the same time not creating new responsibilities to confuse the existing system.The fifth chapter is the conclusion of the full text.This article takes entry into force and effectiveness as the entry point.Researching a non-effective contract is an effective contract that has been established in accordance with the law.From this basis,it discusses the non-effective contract and discusses what should be undertaken when the contract is not in effect.The legal principle of liability for breach of contract in case of specific obligations and breach of obligations.