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合同的效力,又称合同的法律效力,是指法律赋予依法成立的合同具有拘束当事人各方甚至是第三人的强制力。随着社会主义市场经济的不断发展,人与人之间订立的合同的种类越来越多,合同的性质和内容可具有很大的差距。为了更好地维护交易主体之间的合利益,促进市场经济健康稳健的发展,法律有必要对合同的法律效力进行规范,首先对合同的效力定义要有清晰地认识,明确合同生效和合同有效的差异;其次要明确合同有效地构成要件;最后要能区分出《合同法》中关于合同效力的不同类型。市场经济是一个动态发展的过程,只有买卖双方利益得到均衡保护,社会经济秩序才能稳定。
The effectiveness of the contract, also known as the legal effect of the contract, means that the contract awarded by law to a legal person has the force of binding parties and even third parties. With the continuous development of the socialist market economy, more and more types of contracts are concluded between people and the nature and content of the contracts can have a great gap. In order to better safeguard the interests of the transaction subjects and promote the healthy and steady development of the market economy, it is necessary for the law to regulate the legal validity of the contract. First of all, the definition of the validity of the contract should be clearly understood, the contract is effective and the contract is effective Of the difference; secondly, to clearly define the elements of the contract effectively; and finally to be able to distinguish the “contract law” on the effectiveness of different types of contracts. Market economy is a dynamic process of development. Only when the interests of buyers and sellers are balanced and protected, the social and economic order can be stabilized.