On The Non-effective Contract

The adoption and promulgation of "Contract Law Interpretation 1" brought the concept of "ineffective".From the beginning of the concept of ineffective,a large number of scholars conducted theoretical discussions and academic analysis of ineffective contracts.So far,there has not been a general consensus in academic theory.At present,jurists have no objection to the concept of the term ineffective,and believe that the intermediate stage from the establishment of the contract to the date of entry into force is the area in which it takes effect,but regarding the deeper type classification of ineffective contracts,The research on liability determination is not completely thorough,and only shallow-level consensus such as concept is reached.Along with the complicated development of social relations,the research on ineffective legal relations has been unable to meet the needs of the real society.The peculiar legal lags have gradually begun to emerge,and the theoretical differences based on this have led to emergence in judicial practice.Quite different referee results.As a statutory law country,the judicial phenomenon of different judgments in the same case has greatly impacted China's existing contract law system and may even affect the authority of the law.Therefore,it is necessary to deepen the deep connotation of ineffective contracts and promote the pace of theoretical research,which is to provide services for judicial practice more comprehensively.In view of the inconsistencies in the theoretical studies of the above legal circles,the research on ineffective contracts not only has the significance of enriching the theoretical value,but also contributes little to the development of China's Contract Law.This article is mainly divided into five parts:The first part is an introduction,which focuses on the writing background,thinking,purpose,research method,research status and innovation of this article.The second part is an overview of ineffective contracts.The concept of a never-effective contract is simply cut into,focusing on grasping the main characteristics of the ineffective contract,and the reasonable definition of the stage of the ineffective contract should be the period after the law is established and before the contract becomes effective.On this basis,classify the category,conduct more detailed research,and then put the research perspective from a small level to the structural framework of ineffective contracts and other contract forms.Through detailed and overall comparative analysis,it is clear that ineffective contracts are in The status of the form,accurately grasp the contract form of the ineffective contract.The third part is the determination of the obligations between the parties to a contract that has not entered into force.The obligation of the contract that has not entered into force is a key point in this study,because only by clearly studying the nature of the obligation can we better grasp the determination of the liability after the breach of the obligation.In this regard,this chapter mainly starts from the attribution of the obligations of the ineffective contract,describes the similarities and differences between the obligations of the ineffective contract and other contract obligations,and then analyzes and summarizes the obligations of the ineffective contract from the nature,theoretical basis and content of the prior contract obligations.This paves the way for the analysis of the liability of ineffective contracts.The fourth part is the determination of liability for the contract that has not entered into force.The identification of liability is the research focus and difficulty of this article,and it is also the main research purpose of this article.This section mainly summarizes the current academically ineffective contract liabilities,clarifies the types of liabilities,and then analyzes one by one to determine the validity of the contract.The rationality and legitimacy of the liability for negligence is followed by a specific grasp of the liability of a contract that has not entered into force through the principle of attribution of liability,the conditions for liability,the manner in which liability is assumed,and the scope of liability.The fifth part is an analysis of the main problems in the current ineffective contract system and suggestions for improvement.Based on the above analysis,the current problems of ineffective contracts are summarized,mainly related to the contractual rights of the counterparty and the relief of rights and interests.Then,relative measures are proposed for these problems in order to solve future related problems Provide ideas.