最高人民法院与合同生效要件

• 영문명: The Supreme People Court of China and the Legal Requirements of a Valid Contract: With Emphasis on the Contracts of Transferring the Rights to use the State Lands (1987‐2007)
• 발행기관: 경희법학연구소
• 저자명: 王军 (Wang Jun)
• 간행물 정보: 『경희법학』제43권 제3호, 605~645쪽, 전체 41쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2008.09.30

영문 초록

The legal requirements of a valid contract define the requirements which a valid contract has to meet in law. “General Principle of Civil Law (minfa tongze)” became effective on Jan. 1, 1987, while in 2007 “Property Law (wuquan fa)” was passed by National People’s Congress of China. During the past two decades, the legal requirements of a valid contract in China have changed greatly. The requirements have been simplified. In other words, a contract would be valid and enforceable by the court with fewer requirements. How did the changes become true? Using the contracts of transferring the right to use the state lands as an example, this article argues that the judicial interpretations from the Supreme People Court of China instead of statutes are the driving forces underlying this change. And it concludes that the changes in the philosophy and doctrine of Supreme People Court contribute to the simplification of the requirements of a valid contract in China, although China has not been regarded as a country of case law.

목차

l. 서론

ll. 계약법 실시 전

lll. 계약법 실시 이래

lV. 최고법원의 이론적 기초

V. 결론

키워드

合同法 国 有土地使用权 转 让 合同 出让 划 拨 司法解释 。 계약법 국유토지사용권 양도계약 매각 할당 사법해석