The Typological Analysis Of The Impact Of Mandatory Norms On The Validity Of Contracts

The influence of mandatory norms on the validity of contract has always been one of the controversial issues in judicial practice.In recent years,it is noticeable that scholars at home and abroad have gradually adopted typological studies to analyze relevant issues.This paper sorts out the relevant legislative practice and theoretical research in China and analyzes the controversial issues.From the perspective of comparative law,this paper analyzes the typology research and practice status of relevant issues in various countries and regions,and draws on feasible experience.Combined with the typical cases in the judicial practice,it is proposed to start from the perspective of contract,analyze how mandatory norms impact on the effectiveness of the contract from different types.Finally,the paper puts forward some suggestions from judicial and legislative aspects.The preface introduces the reform background in the transitional period of China,which indicates that the contradiction between the mandatory norms and the contract validity is prominent,the judicial practice is full of problems,and the academic research is inadequate.This part also leads to the research purpose,theory and practice value of this paper.The first chapter starts with the connotation of mandatory norms,sorts out the legislative changes of mandatory norms,and then analyzes the status quo and existing problems of judicial practice in the judgment of related issues.It leads to the necessity of typology research,and then evaluates the current status quo of typology research in China,and puts forward opinions on controversial issues.The second chapter introduces the research progress of the typology of continental law system and Anglo-American law system from the perspective of comparative law.In addition,this part evaluate and analyze the legislation and practice of various countries and their mutual influence to learn beneficial experience for our country.The third chapter starts with the object and standard of typology research,analyzes the significance of classifying mandatory norms with the standard of contract elements,and analyzes how to determine the validity of contracts when they violate various types of mandatory norms through cases.The fourth chapter is the enlightenment brought by the typology research.It is suggested to add the different consequences to the the contract of the breach of mandatory norms in the Civil code,exploring the possibility of various consequences from the individual cases.On judicial level,it is suggested to use the proportion principle to judge the effect of mandatory norms on contract effectiveness,and pays attention to different emphases of different types of mandatory norms in the process of judgment.This paper holds the view that the proper handling of the relationship between mandatory norms and contract validity is an inevitable requirement for the balanced development of public law and private law and the typology of mandatory norms is a process of constant enrichment and development.It is suggested to use the proportion principle to judge the effect of mandatory norms on contract validity based on the the connection between mandatory norms and contracts.