论越权合同效力之法律冲突及消除冲突之途径

Legal Conflict Inflicted by Ultra Vires Contracts and Counter - measures

对当事人超越经营范围订立合同的民事效力的认定,在司法解释和相关法律、法规之间是否存在冲突,理论界有不同的认识,在社会主义市场经济条件下,当事人签订合同是否还应受到经营范围的限制,越权经营行为是否还应受到行政处罚?一国的法律、法规乃至司法解释应当保持高度的协调、统一性,对越权合同的民事效力及行政后果必须有清晰、明确的规定,以正当事人的认识和司法、行政的准绳。

There are different understandings in the theoretical circles concerning the existence of conflict between judicial interpretation and relevant laws and regulations in identifying the civil force of the contracts entered into by parties beyond their business scope. In the context of socialist market economy, are the parties concerned subject to limitations of their business scope in signing contracts？ Shall they be published for their ultra vires operation？. The laws and regulations of a state as well as relevant judicial interpretation should be highly compatible and unified. There must be lucid and clear stipulations concerning the above - mentioned civil force and its administrative consequences so as to right the understanding of the parties concerned and the iudicial and administrative criteria.