国际商法EnforceabilityofContract.pptVIP

Unit 3 Enforceability of Contract 中国法下合同生效的条件 1） 缔约能力 2）意思真实 3）不违反法律和公序良俗 4）符合形式要求 Capacity of Parties Capacity means the ability to incur legal obligations and acquire legal rights. Today, the primary classes of people who are considered to lack capacity are minors, persons suffering from mental illnesses or defects, and intoxicated persons. Effect of Lack of Capacity Normally, a contract in which one or both parties lack capacity because of infancy, mental impairment, or intoxication is considered to be avoidable. Capacity of Minors A minor is a person under the age of 18. The