Article 24 of the"Interpretation of Contract Compilation of Civil Code stipulates the rules for liquidation of return after defects of contract validity,and refines Article 157 of the Civil Code,while also making many important new developments.In terms of the return of the original property,the distinction between movable and immovable property refines the specific methods of return.In terms of damages,the applicable prerequisites for damages and the reference factors for the scope of compensation are established.In terms of return of value,the"date when the court confirms the defect in the effectiveness of the contract"is established as the base date for calculating return of value;the subjective criteria of"contract agreed price established in Article 33 of the"The Ninth Minutes of the National Courts'Civil and Commercial Trial Work"is changed,and the objective criteria is established;in terms of gain-based contract,the content of the restitution and the liability law are strictly distinguished to avoid mixed regulations;in terms of"benefit distribution"and"loss sharing","other reasonable calculation methods"are established as the distribution basis,and the legal evaluation of the attributability of the defect contract validity is implemented here.A preliminary mechanism for handling illegal interests has been established.However,there is still room for further improvement in terms of payment for illegal reasons,risk-bearing rules,whether fees need to be returned,and the refinement of liquidation of return rules based on the type of contract effectiveness defects.
关键词
合同效力瑕疵/返还清算/《合同编通则司法解释》第24条
Key words
the defect of contract validity/liquidation of return/Article 24 of the"Interpretation of Contract Compilation"of Civil Code
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