An Analysis of the Legislation and Judicial Trials concerning Invalid Contracts
Zhou Shiwen
Abstract
Zhou Shiwen
Abstract
The Contract law aims at protecting the interests of the parties of the contract.The effect of the contract is of great importance to the judicial relief.The establishment of the invalid contract system is the basis of realizing the contract's effect.Law-making on the invalid contract system is the very solution to the existing problems in current invalid contract system and judicature.The solutions come out of not only the theory of the contract law but also the judicial practice.
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The Contract law aims at protecting the interests of the parties of the contract.The effect of the contract is of great importance to the judicial relief.The establishment of the invalid contract system is the basis of realizing the contract's effect.Law-making on the invalid contract system is the very solution to the existing problems in current invalid contract system and judicature.The solutions come out of not only the theory of the contract law but also the judicial practice.
Key concepts: Legislation, Exclusion clause, Severability, Law, Privity of contract, Judicial opinion, Contract management, Frustration of purpose