The Inadequacy Of China’s Contract Validity System And The Construction Of "Dual Six-Stage" Theory System

Legally established contracts,refer to contracts which have been formed and are not legally invalid,are no need to meet the requirement of article 143 of the Civil Code.The validity of a contract is not a prerequisite for the contract to enter into force;and the voidable contract which is not satisfy the requirement of validity of contract still takes effect at the time of formation.Neither the creation of legally binding force nor the creation of contractual debts is the result of contract entry into force,however,the creation of the power which can force the party to comply with requirements of contract is.This effect can be called contractual binding force for short.Ineffective contracts have been legally formed and have produced legally binding force,which means that,at that moment,the contracting party not only couldn’t arbitrarily cancel or change the contract,but also should perform some statutory obligations in accordance with the law.In the contract pending approval,the obligation to start the approval process belongs to the statutory obligation.In the contract added effective condition,for the contractual party,not to intervene the achievement of the condition attached is a statutory obligation.When the contract has not entered into force,there is no contractual binding force and there is no power can be used to force the party to comply with the contract,and the right which the contractual party wishes to gain has not arisen.After the entry into force of the contract,the contractual binding force will be produced,contractual rights and obligations will also arise gradually in accordance with the contract clauses.A valid contract does not necessarily to have effect immediately.As time goes by,some certain contractual rights and obligations will gradually arise.This is more evident in the contract which has been added effective condition(e.g.betting agreements)and in the relational contract(e.g.cohabitation agreements).Therefore,it is necessarily to distinguish the effect category from the validity category.Thus,the theory of contract is composed of three categories,they are formation,validity,and effect separately.The study on the validity of contract can be made by two ways.On the one hand,you can study the effectiveness of a contract by taking it as a civil juristic act,and the final result after it take effect is the creation of contractual binding force.On the other hand,you can study the effectiveness of a contract by taking it as a regulatory system for rights and obligations of the contract.And there are both exist three different transformation stages.At the first level,there are exist three transformation stages: the contract has been formed,the contract has been legally formed and the contract enters into force.At the second level,there are also exist three transformation stages: the creditor’s right arises,the debt performance period arrives and the creditor’s rights were achieved.