On not-yet-effective contract

Not-yet-effective is an important component of mitigation of validity of contract system.However,not-yet-effective contract's nature,range,responsibility nature and its form etc.are not explicitly stipulated in Chinese law.There are still many different views in theory and practice.The range of not-yet-effective should include attached effective time which doesn't come and attached effective conditions which are not met yet.Not-yet-effective is not an independent kind of effect form,but the description of a stage of contract.The final effect of should be confirmed.The nature of liability of not-yet-effective is the contracting fault liability.When the effective condition of includes optional behave,opposite presumption should be adopted as a kind of liability form,and opposite party of may be allowed to choose whether to accept effect or not.When the effective condition of includes compulsory behave,force perform and opposite party's instead perform should be adopted as liability forms.