【摘要】 本文由一起房屋租赁合同纠纷案引出对不符合法定形式的合同效力的探讨,考察了我国现行法对于不符合法定形式合同效力的规定,比较了外国相关法律和司法实践,认为我国的法律规定较为合理,综合考虑了形式主义和意思自治的利弊,平衡了合同当事人之间以及当事人与第三人之间的利益,并具体阐明违反一般书面形式和违反特殊书面形式的合同各自的效力。更多还原

【Abstract】 Starting with a case of dispute on housing leasing contract,this paper then discusses the validity of contract without statutory format.Reviewing the relative provisions in Chinese current law,and making a comparison with more related clauses in foreign laws and judicial practice,Chinese laws and regulations were considered more rational with integrated consideration of the advantages and disadvantages of formalism and meaning autonomy.Moreover, the interests between parties to the contract along with the interests between parties to the contract and the third party could be balanced.Also,this paper makes clear of the respective validity on contract with violation of general written format and with violation of special written format.更多还原