Selected Papers of The Jurist (法学家), Volume 3
Renmin Chinese Law Review: Selected Papers of The Jurist
Edited by Jichun Shi
Chapter 12: Impact of administrative approval on validity of contract: theory and practice
The rules making administrative approval necessary for the enforcement of contract are not only different from the mandatory rules adopted by Article 52(5) of the Contract Law, but also different from the registration rules adopted by the Property Law. Therefore, a contract without administrative approval cannot be judged invalid on the ground of violating mandatory rules. At the same time, the separation principle in the Property Law cannot always be implied to analyze the impact of administrative approval on the validity of contract. The administrative approval is just the necessary condition for the enforcement of the contract, not the sufficient condition. Therefore, disputes between the parties of a contract should be resolved through civil proceedings instead of administrative procedure. When the party who bears the duty to apply for the administrative approval does not do it in accordance with the law or the contract, the other party can claim liability for breach of contract or the contracting negligence responsibility.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.