论“阴阳合同”的法律效力——以王栋合同门事件为例

Force of law of formal and substantial contracts——In view of Wang Dong's Contract Dispute

以王栋合同门事件为例,从登记备案与合同效力的关系、合同是否为双方的真实意思表示、是否以新签订的合同为准和合同是否存在无效情形等方面分析"阴合同"、"阳合同"的法律效力。认为在王栋"合同门"事件中应以未在足协备案的"阴合同"为准,但总体上"阴阳合同"的效力是不确定的,应当加强监管,完善体育立法,订立集体合同,改革转会制度。

Force of law of formal and substantial contracts were studied on the basis of Wang Dongs Contract Dispute and from perspectives of relation between registering and force of contracts, whether the contacts were based on both parties＇ will, whether it should abide by the newly signed contract, whether there was null and void condition of the contracts. It was held that formal contract should be adopted in Wang Dongs Contract Dispute. But on the whole, the force of formal and substantial con- tracts was not clear, which meant that supervision should be strengthened, sports laws should be per- fected, collective contracts should be signed and transfer system should be reformed.