违反不同强制性规范的合同效力定性研究



  在合同法中有明确提到强制性规定,如“法律、行政法规的强制性规定”,该问题也一直是学界长久以来的分歧,这也造成了对违反强制性规范合同效力认定不能统一。如果能准确的定位强制性规范的范围,就可以根据规范的范围来认定效力了。本文在整理学界部分代表性观点的基础上,拟提出针对不同类型强制性规范的合同效力的认可的观点。

  In contract law expressly mentioned mandatory, such as "laws, administrative regulations of the mandatory requirements," the issue has also been a long-standing academic disagreement, which also caused a violation of peremptory norms of validity of the contract can not be considered uniform. If you can locate the exact scope of peremptory norms, it can be identified according to the specification range played. In this paper, finishing academic point of view, based on partial representation, to be proposed for different types of peremptory norms of validity of contracts approved point of view.