A Study on the Influence of Financial Regulations on the Adjudication of Contract Validity
The disputes about the effect of contract due to violation of rules and regulations are mainly concentrated in the financial field.The judicial organs have three kinds of judgment tendency to deny,exclude and make financial rules affect the effect of contract through the channels of public order and good custom,reflecting the wavering judgment position.The court should adhere to the position of legal pragmatism and cooperate with financial regulators to form syn-ergy.On the one hand,financial regulators are more effective in legislation and law enforcement.On the other hand,the court should give full play to the role of judicial activism to issue judicial suggestions to financial regulators.To be spe-cific,the way for the court to deal with different types of financial regulations affecting the validity of contracts is as fol-lows:First,it should be based on Article 153(2)of the Civil Code,and financial regulations can be used as an impor-tant basis for judging whether a contract violates public order and good customs;The second is to refine the types of pub-lic order and good customs of financial rules and regulations,and the financial rules and regulations with adjudication guidance can be divided into the types of internal supervision of financial institutions,market access supervision of finan-cial institutions and asset transfer supervision of financial institutions,so as to build a type system of public order and good customs of financial rules and regulations affecting the effectiveness of contracts,simplify the reasoning process of financial rules affecting the effectiveness of contracts,and legally and reasonably handle such cases.
the validity of the contractfinancial regulationstypinglegal pragmatismpublic order and good cus-toms
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维普
