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Academic Journal of Humanities & Social Sciences, 2023, 6(25); doi: 10.25236/AJHSS.2023.062522.

Research on the Revocation of Invalid Legal Acts

Author(s)

Yang Yuehu

Corresponding Author:
Yang Yuehu
Affiliation(s)

Anhui University of Finance and Economics, Bengbu, Anhui, China, 233000

Abstract

Non effective legal acts have been widely recognized as an independent type of effectiveness, and discussions on whether non effective legal acts can be revoked have followed. As an independent state of validity, an ineffective legal act has a logical basis for revocation, and it should be clear that it is revocable when the conditions for exercising the revocation right are met. Revocable not only requires that the meaning of the legal act be untrue, but also requires that the revoked legal act be valid. The uniqueness of the non effective state compared to other effective states lies in its special situation of being "effective" but not "effective". In this context, the distinction between effective and effective should be strictly distinguished; A legal act that has not yet been "effective" but is "effective" means that the legal act that has not yet been effective meets the requirement of revocable validity. In addition to complying with syllogistic reasoning, the revocation of an ineffective act also meets the legislative purpose of revoking it; The revocation of an ineffective act shall also comply with the exercise period of the revocation right.

Keywords

Legal acts; Not effective; Right of revocation

Cite This Paper

Yang Yuehu. Research on the Revocation of Invalid Legal Acts. Academic Journal of Humanities & Social Sciences (2023) Vol. 6, Issue 25: 139-149. https://doi.org/10.25236/AJHSS.2023.062522.

References

[1] Cui Jianyuan.(2007). Exploration of Defects in Contract Effectiveness, Politics and Law,(02), 66.

[2] Yang Yongqing.(2013). "Discussion on Several Issues Concerning the Approval of Effective Contracts", published in the 6th issue of China Law, 167.

[3] Han Shiyuan.(2008)."General Introduction to Contract Law" (Second Edition), Law Press, 177.

[4] Cui Jianyuan.(2004).The Nine People of Civil Law: 2", Hong Kong Golden Bridge Cultural Publishing Co., Ltd. 309-330.

[5] Wan Exiang.(2011). "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Disputes over Foreign-invested Enterprises (1): Understanding and Application of Provisions", China Legal Publishing House, 20.

[6] Zeng Xianyi& Wang Liming.( 2020).Civil Law, China Renmin University Press, 147.

[7] Chang Pengao.(2020)."The Negation of Equivalence Theory: Analysis of the Relationship between Revocable and Relatively Invalidity of Legal Acts - Based on the Normative Development from the General Principles of Civil Law to the Civil Code", Jurist, (05),15.

[8] Shi Shangkuan.(2000). General Theory of Civil Law, China University of Political Science and Law Press, 582-583.

[9] Xu Zhongyuan.(2015). Non effective contracts should be treated as an independent type of contract validity, Journal of Suzhou University (Law Edition), (01), 21.

[10] Yang Yongqing.(2013). Discussion on Several Issues Concerning the Approval of Effective Contracts, China Law Journal,(06),168.

[11] Zhang Chi.(2016). On the Evaluation System of the Effectiveness of Legal Acts, Law Journal, (05), 141.

[12] Zhu Guangxin.(2015). The Effectiveness of Contracts Without Legal Approval Procedures - Interpretation of Article 44, Paragraph 2, and Related Provisions of the Contract Law of the People's Republic of China, Legal and Commercial Research,(06),88.