Research On The Termination Of An Ineffective Contrac

The establishment of an uneffective contract,as the name implies,is a contract that has been established but not yet effective.There is a controversy in the academic circle about whether the termination system of contract can be applied to the establishment of non-effective contract.At the same time,in terms of legislation,our civil code still continues the original tradition of "Contract law" and "General principles of Civil law" with no clear stipulation regarding whether contract dissolution system is applicable to an uneffective contract.In judicial practice,the Supreme People’s Court has clarified the validity state of the established non-effective contract,and there are judicial interpretations and relevant legal documents indicating that the contract termination system can be applied to the established non-effective contract.However,there are many differences in the court’s judgment in dealing with this related judgment.In order to solve this phenomenon,starting from judicial cases,this paper sorts out and analyzes the attitude of courts towards the dissolution of non-effective contracts in judicial practice,and finds out the reasons why courts support the dissolution of non-effective contracts and why courts think that non-effective contracts should not be terminated.The key to whether an invalid contract can be rescinded lies in whether an invalid contract has legal effect and what kind of legal effect it has.Through theoretical analysis of an invalid contract,it is found that an invalid contract also has the effect of a contract.Because it has not met the conditions for taking effect,the effect is weaker than that of an effective contract.It is the same as an effective contract.The establishment of the termination system for non-effective contracts is not only in line with the theoretical requirements,but also conducive to equalizing the interests of the parties,realizing fairness and justice,as well as improving transaction efficiency and promoting economic development.When the statutory termination is applied to the established non-effective contract,there is no big difference in the application of the contract termination system with the effective contract,except for the third statutory termination "delay in performance" provision.As for the liability that the defaulter should bear after the termination of an uneffective contract,this paper believes that it can be included into the category of liability for breach of contract.The establishment of an uneffective contract obligation mainly means that the parties shall perform the obligations of the effective contract in accordance with the provisions of law or the agreement of the parties.The obligation of establishing an uneffective contract is subordinate to the obligation of primary payment,which only has the function of promoting the obligation of primary payment.Therefore,those who violate the obligations of an uneffective contract shall bear the corresponding liability for breach of contract according to the scope of liability for breach of contract.