2010Journal of Yanbian UniversityRequires access

The Execution of Not-in-effect Contract

LI Yong-shan

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Abstract

Different from invalid contract,not-in-effect contract is partly in effect before the maturing of stipulated or legal conditions.Therefore,a dual structure of not-in-effect contract is formed accordingly: parties concerned should fulfill the liabilities of contract preparation and then are bound by the contract after the maturation.Since the liabilities of preparation are based on contract in effect,any non-performance will be viewed as breach of the contract.

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What this paper is about

Different from invalid contract,not-in-effect contract is partly in effect before the maturing of stipulated or legal conditions.Therefore,a dual structure of not-in-effect contract is formed accordingly: parties concerned should fulfill the liabilities of contract preparation and then are bound by the contract after the maturation.Since the liabilities of preparation are based on contract in effect,any non-performance will be viewed as breach of the contract.

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Available abstract

Different from invalid contract,not-in-effect contract is partly in effect before the maturing of stipulated or legal conditions.Therefore,a dual structure of not-in-effect contract is formed accordingly: parties concerned should fulfill the liabilities of contract preparation and then are bound by the contract after the maturation.Since the liabilities of preparation are based on contract in effect,any non-performance will be viewed as breach of the contract.

Key concepts: Contract management, Exclusion clause, Business, Severability, Dual (grammatical number), Privity of contract, Frustration of purpose, Law and economics

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