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On the establishment and effective contract


Summary: The contract becomes effective force elements, including elements of the general and special effect elements. Contract established by law not only refers to the meaning of that agreement the parties also implied contract with the general effect of the elements, only the contract established by law have binding force, it is protected by law (see and the second paragraph.) Fukuan defer the commencement of the contract is a logical extension of the contract with immediate effect to the contract established by law as the prerequisite to Fukuan meet the threshold for the entry into force. Fukuan established by law take effect before the contract with the expectation effect, the parties have a right to expect. Look right has the double effect of internal and external, to ensure the legitimate rights of the parties in a timely manner, to be fully realized. Keywords: contract established by law, the effective elements of the contract, the contract with immediate effect, Fukuan defer the commencement of the contract and look forward to the right meaning since the 19th century marked the beginning of liberalism, the as between the law Contract between the parties in the distribution of costs and remuneration, benefits and risks of the role played by the time more and more, and thus to promote the social and economic life enriched. But regardless of the autonomy of the contract or binding contract, are in contract for the establishment and effective as the prerequisite. The establishment and entry into force of the contract as the basic theory of contract law issues, has been mostly discussed by scholars. At present, scholars have generally agreed that the establishment and entry into force of the contract belong to two different areas. The establishment of the contract is the intention of the parties to reach agreement, the typical way for a contract through offer and acceptance; entry into force of the contract refers to the contract under the law to force power. The most significant difference between the two can void the contract as an example, that although some of the contract the parties agreed that the form of meaning, but may harm the interests of the State or a third person without being legally recognized its effectiveness. The formation and entry into force of the contract if only limited to this, the relationship between them seems to have been resolved, because the formation and entry into force of the contract at this time although the two areas, because it is in the same contracting can occur during the same issue as they are only different aspects (ie, contracts, and also comply with the effective elements of the establishment before - the author note.) But when there shall apply for approval and registration procedures, entry into force of the contract and by-laws or the period of contract (the so-called deferred entry into force of the contract), because of the formation and effect there is not synchronized so that this problem has become complicated . And entry into force of such contracts between the establishment of any special law to guarantee the effective time of such contracts will be focus of this paper. An immediate effect with the entry into force of the contract the establishment of a more specific extension of the contract before the entry into force, should first know the general set up the contract with immediate effect, the entry into force. In such contract, unless the contract null and void from the inception of the contract when the circumstances exist which the effectiveness of Health contract. According to the cover for illegal purposes (d) damaging the public interest (e) violation of mandatory provisions of laws and administrative regulations. Therefore, in addition to several other cases than the above, meaning that the parties have agreed that the effectiveness of the contract,[link widoczny dla zalogowanych], internal forces, including the request, execution and ensure a strong violation of the provisions of the contract that generated the content of breach of contract. At this time the contract is established and authorized by law for protection of the contract, the change or cancel the contract, Here, the establishment of the contract effective as of the same process with different aspects of the same time. Cheng Lin borrowed two Taiwan scholars and responsibility in his discussion of the relationship between debt used by analogy, the establishment of the contract with immediate effect and effect relationship: the contract into effect for the skin, the establishment of the contract for the meat to the skin, the meat does not exist. In other words, the contract can not be effective, even if only have the same meaning expressed in the form,[link widoczny dla zalogowanych], but also not protected by law. And scholars in China have discussed the establishment and commencement of the contract, the distinction between the two as absolutely one-sided, when discussing the validity of the contract a Since the establishment of the contract to terminate the whole process, the contract is invalid, this means that the effective means I believe that the validity of the contract is enforceable contract, the legal content of the force; entry into force of the contract can be effective general and specific elements of effective elements of difference, but the validity of the contract production of only a single, complete, and one-time, either effective (including revocable) or ineffective; In other words, the establishment of effective law of contract can be binding on the parties. Therefore, the To get legal recognition and protection means that the contract must be consistent and meet the general entry into force of the elements of the contract. Second, the extension of the contract entered into force with effect the establishment of the contract as a legal act, the establishment and effective to the same time as a general principle, has as above. The past, Roman law has Therefore, the fact that the cause was right, not all elements in place, no legal effect. However, after the Roman law and the developed,[link widoczny dla zalogowanych], have many exceptions from this principle, the successor after the German law, this principle has been missing the intent of Yi. Other words, the contract can exist between the establishment and effective time interval, typically in the form such as the approval of contracts and registration laws in force entry into force,[link widoczny dla zalogowanych], duration of the contract. The first category is the entry into force of the contract by the laws and administrative regulations to be registered as an effective element of the approval is based on the premise of the law imposed; the second type of contract agreed between the parties is based on some future event occurs or not effect occurs as the final conditions of the contract, which is referred to Fukuan this contract. First glance, these two types of entry into force of the contract extension with the establishment of synchronization with the force do not take effect immediately with the above there are obvious differences between contracts, for example, (1) must approve the contract come into force only after the establishment of for approval, because that violation of the provisions of the contract is not approved, the contract also found there is also Jieyou. (2) Fukuan after the establishment of the contract during the period prior to the commencement of legal status. For the first question, I believe that the entry into force of the contract extension is a logical extension of the contract with immediate effect, it must first fully comply with the requirements of the contract with immediate effect, and can occur through the satisfaction of certain conditions, the validity of the contract. In other words, defer the commencement of the contract regardless of the ultimate effect, it established the general effect must have elements of the contract (the effective elements of the contract with immediate effect - the author note) there is not prohibited by contract law invalid on the case. In short, if the contract or agreement does not exist statutory elements of the special effect, then it was supposed to be set up immediately in effect. It should also be statutory or agreed to be waiting to meet the specific elements only come into effect, but because it is after all elements have a general effect and therefore should be subject to a certain degree of protection. The extent and scope of protection is related to the second question, I detailed below. Three Fukuan contract within the meaning of real here Fukuan entry into force of the contract is agreed between the parties the terms or contract, that is, two types of contracts referred to in Article. Conditions of time, that the parties according to their legal meaning of that act to determine the legal effect of the Fukuan (Nebenbestimmung), according to the intention expressed by the parties is limited, leaving the legal act occurred but this point is not full force and effect in accordance with law and direct not take effect the provisions of, or be revoked different. The so-called conditions, that the parties to the future uncertainty of the objective facts, a decision legal acts Fukuan. The so-called period, means the parties to determine the facts objectively in the future, a decision legal acts Fukuan. Fukuan contracts that already have established the time of the general effect of the statutory elements of the parties with an additional purpose of the terms or validity of the contract only to the future occurrence happened with the link, such as the buyer and the seller agreed,[link widoczny dla zalogowanych], into force one month after obtaining the import license. According to the principle of autonomy of private law, the legal meaning of the parties that the species be recognized, and put it into effect as the special elements of the contract, until after the raw elements to meet contractual effect. Needless to say that the conditions attached to the contract or the contract period as one of the elements of the contract and that other means must also comply with the same intention

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