浅谈合同效力认定的几个问题

To Analyze some Issues about Affirming the Effect of the Contract

合同效力问题是一个基本的民法学理论问题,也是一个重要的仲裁和审判实践问题。实践中,关于合同效力认定出现了一些争议很大的问题,包括就被抵押、查封或者未取得权属证书的房屋签订买卖合同的效力认定问题,关于合同约定的交楼条件与消防法规定的冲突处理问题,关于合同约定价格超出政府指导价部分的效力认定问题等问题。本文通过对上述几个问题的分析,对仲裁和审判实践中的具体处理提出了个人的意见和建议。

The effect of contract is a basic and academic issue in civil law;it is also an important issue in the arbitration and justice practice.In practice,there are huge problems in the dispute of affirming the effect of contract,including affirm the effect of the contract that involved in the house which has been mortgaged or sealing up or not accepting the certificate of property right.It includes the conflicts between the terms about the conditions of accepting the house and the fire prevention regulations.It also includes the affirming the effect of the terms about the price that over the directive price of the government.In analyzing above issues,this article wants to bring some advices and suggestions on dealing with it in the arbitration and justice practice.