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判断一个合同的效力状态大体上可分为三步:合同成立-合同有效-合同生效。合同成立是基于法律标准对法律事实的判断,只涉及当事人之间的意思表示,不涉及法律的评价;合同有效是在合同成立的基础上,对合同进行的法律上的评价,一般而言,合同有效时便可同时生效,但是对于一些特殊合同如附期限和附条件生效的合同,合同有效后并未立即生效,在期限未到达或条件未成就时,合同并不是无效,而是处于未生效状态。对于合同成立与合同生效,在理论界和审判实践中能够进行有效区分,但对于合同有效与合同生效,则经常被混淆。为了准确界定合同的效力状态以及避免司法实践中的裁判尴尬,有必要对合同有效与合同生效进行区分。
Judgment of the effectiveness of a contract status can be roughly divided into three steps: the contract is established - the contract is valid - the contract takes effect. The establishment of the contract is based on the legal criteria to judge the legal facts, only involves the intention of the parties, does not involve the evaluation of the law; the contract is valid on the basis of the contract, the legal evaluation of the contract, in general, However, for some special contracts, such as the contract with the deadline and the conditional effect, the contract does not take effect immediately after the contract is valid. When the deadline has not expired or the conditions have not been fulfilled, the contract is not invalid but is not in force Effective status. For the establishment of the contract and the entry into force of the contract, effective distinction can be made between the theoretical circle and trial practice, but it is often confused when the contract is effective and the contract comes into force. In order to accurately define the validity status of the contract and avoid the awkwardness of the referee in the judicial practice, it is necessary to make a distinction between the effective contract and the effective of the contract.