析合同内容的不合法与合同内容违法

The Analysis on the ContractViolating Law's Optional Requirements and the Illegal Contract

'不合法'与'违法'从外延上讲是属概念与种概念的关系,在内涵上也是不相同的.但在合同法领域二者的区别常被人所忽视,以至在合同无效的处理上出现了不应有的混乱.本文意在揭示两者的区别并重点论述了合同内容违法的认定问题.

There are differences between the contract which violate the law's optional requirements and the illegal contract. When we deal with the invalid contracts,we always neglect the differences between them. Consequently , that makes a lot of confusion. In this paper the author analyses the differences between the two different contracts and pays more attention to the classification of the contract which violate the law's compulsory requirements.