合同无效的法律后果研究

Research on the legal Consequences After Contract being Void

我国法律规定合同无效的三个法律后果是返还财产、赔偿损失和收归国有。返还财产依据的是物上请求权 ,赔偿损失的前提是缔约过失责任 ,收归国有的性质从民事制裁的角度看 ,仍属于民事责任的范畴。基于不同的原因导致不同的合同无效 。

There are three kinds of legal consequences prescribed in the civil law of our country after a contract is void. Among them, restitution of property is based on the right of real claim; compensation for the loss, on the other hand, is based on the claiming right coming from the obligation of quasi contract .As to the character of confiscation, it still belongs to the category of civil obligation. Different civil obligations should be applicated to the responsible kind of voidance of contract.