无效合同探析

The Invalid Contract

我国合同法规定了几种无效合同,合同法的无效合同制度有其立法目的。无效合同在现实中可能被主张无效,从而使合同当事人承担合同无效的后果;也可能没有人主张其为无效,致使合同当事人按无效合同约定履行合同。合同的无效,应由合同当事人主张,在当事人对合同是否无效存在争议时,应由法院或仲裁机构进行确认。

Chinese contract law defines some kinds of invalid contracts. Such system is of legislation significance. In practice,invalid contracts may be recognized as invalid so the parties endure the consequence though the parties may carry out the contracts if contracts are recognized as valid. It is proposed that the parties should have the right identifying the contracts as valid or not. If there is disagreement the court or other institutions of arbitration should see to it.