Core content: from the effectiveness of the contract review of the contract from the contract, the validity of the contract, including the validity of the contract, the contract is invalid, the contract can be changed and can be revoked several aspects of the contract. Review the validity of the contract confirmation contract, also should be judged from the above aspects, the contract is a valid contract, or invalid contract, it is a change, the contract can be revoked or the validity of the contract to be determined.
Legitimacy or validity review (subject, content, form)
Main effect factors: 1, delta adults signed contract, 2, the legal qualification of the contract have restriction (such as operating fan x franchise, restrict the operation, prohibit the operation situation, other as Paul Witness Qualification) 3, proxy defect 4, unauthorized disposition;
Note that the business license is valid, such as whether it is revoked or delta inspection, has exceeded the operating period, if the above situation, the Party of the civil subject qualification could become a problem.
Content, first of all to see is invalid situation, including Contract Law Article 52 (invalid), 53 (improper Disclaimer "caused personal injury to the other; due to his willful misconduct or gross negligence caused property damages to the other party") 40 (format clause invalid "provide format terms Party exempted from their responsibilities, increases the liabilities of the other party, mainly the right to exclude each other"). If you can determine the total contract invalid or partially invalid, on the part of the study is invalid invalid reasons by modifying the elimination of.
Secondly to see whether revocable situation, that is, whether there is a major misunderstanding, unconscionability, fraud, coercion, multiply the sigma and other circumstances;
Form: may cause the contract does not take effect, specific inspection and approval, registration and notarization, and other special requirements.
The entry into force of the contract is a legally binding contract that has already been established. Whether or not the contract is established depends on whether the parties agree on the terms of the contract, and whether or not the entry into force of the contract depends on whether it is in compliance with the requirements of the law.
"Contract law" has made specific provisions for the entry into force of the contract. Article 44 of the "contract law" provisions of the conditions for the entry into force of the contract; "contract law" Article 44, paragraph 2 stipulates the conditions shall become effective upon the examination and approval procedures; Article 49 of the "contract law" provisions of the conditions attached to the contract potency, "Contract Law" Article 46 provides conform the validity of the contract "contract law" Article 47 of lack of capacity to sign the contract.
The validity of the "contract law" Article 48 unauthorized agency contract, the "contract law" Article 49 of apparent agency contract effectiveness; effectiveness of "contract law" Article 50 on behalf of the ultra vires; "contract law" Article 50 agent ultra vires contracts effectiveness; Article 51 of the contract law has no right to dispose of the contract potency. The above provisions in the specific review of the contract, to the specific circumstances of the specific analysis, identification of the effectiveness of the contract.
Invalid contract, because the contract is invalid, although the contract has been established, but since it does not have legal binding force. "Contract law" Article 52 of the contract invalid provisions made, analysis of the contract in addition to pay attention to its statutory conditions, even more from the parties against the law of causality analysis lead to the contract is null and void, changeable and revocable contract.
Changeable and revocable contract defined by the litigant meaning said is defective and the revocation of the right to request, by a court or an arbitration institution to change the content or the effectiveness of self began to destroy the contract, it is a pending validity of the contract. "Contract law" first fifty-fourth, 2 models can be changed and can cancel the contract to make a provision. The focus of the review of such contracts is to take the right to claim the right to one of the parties to the contract. This requires lawyers to make choices based on the interests of different parties.
The above points are to examine the specific provisions of the contract from the validity of the contract.