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在批准生效合同中,~①国家强制的色彩较为浓重,为私法自治设置了管制的壁垒。审批机关批准之前,合同处于未生效状态。~②这种效力悬浮状态若长久存在,必有害于交易安全。因此,报批义务应运而生,并在批准生效合同中居于举足轻重的地位。从客观上看,报批义务的履行恰处于合同成立与生效的过渡阶段,发挥着纽带与桥梁的作用,催发合同过程的深入,使合同在成熟度上更进一步。因此,如果报批义务人不履行报批义务,将直接阻碍合同的生效,并给相对人造成损害。对
In approving the effective contracts, the state has a more compulsory color and sets a regulatory barrier to the autonomy of private law. Before the approving authority approves, the contract is not validated. ~ ② If this effect of the existence of long-term suspension, will be detrimental to transaction security. Therefore, the obligation to submit approval came into being, and occupy a pivotal position in the approval of the effective contract. From the objective point of view, the fulfillment of the obligation of submission and approval is just at the transitional stage of the establishment and entry into force of the contract, playing a role as a link and a bridge, urging the deepening of the contract process and furthering the contract in terms of maturity. Therefore, if the filing obligor fails to fulfill the obligation of approval, it will directly hinder the entry into force of the contract and cause damage to the counterpart. Correct