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法国法上合同违法有三层含义,广义上的合同违法包括违反法律禁止性规定(最狭义违法)、违反公序以及违反良俗三种情形;前两种合并构成狭义上的合同违法。从合同要素角度看,合同违法有两种可能,即标的违法和原因违法,其中合同主体不适格被纳入到标的违法之中,合同形式违法及其效果则另外单列,惟合同形式违反公证要求时方导致合同绝对无效。标的违法又有两种情形:标的物为不可交易物与标的违反公序。原因违法则指缔约人的决定性动机不法或不道德。违法合同有两种命运:绝对无效和相对无效。二者区分的深层依据在于前者对应于总体利益受到侵害,后者则对应于私人利益受到侵害。二者区分的具体标准是:前者对应于政治公序、指令性经济公序以及善良风俗的违反,后者则对应于保护性经济公序的违反。指令性经济公序如今主要集中在竞争法方面,而保护性经济公序主要存在于消费者法、劳动法、保险法等需平衡合同双方强弱力量对比悬殊的法律部门。
The law of France on the illegal contract has three meanings, the broad sense of the contract violations include violations of law prohibition (the most narrow sense of illegal), violation of public order and breach of conscience three cases; the first two mergers constitute a narrow sense of the contract violations. From the perspective of contract elements, there are two possible violations of the contract, that is, the subject of the illegal and the reasons for illegal, including the main body of the contract is not eligible to be included in the law of the violation, the contract forms of illegal and its effect is another single, but the form of contract violations of notarization requirements Party caused the contract is absolutely invalid. There are two other types of offenses: the subject matter is not transitive and the subject is in violation of the public order. Reason Illegal means that the conclusive motivation of the contractor is illegal or unethical. Illegal contract has two fates: absolutely ineffective and relatively ineffective. The deep basis for the distinction between the two lies in that the former has been infringed upon for the overall interest while the latter has been infringed upon in response to private interests. Specific criteria for distinguishing between the two are: the former corresponds to a violation of political order, mandatory economic order and good customs, while the latter corresponds to a violation of protective economic order. The orderly economic order now mainly focuses on the competition law, while the protective economic order mainly exists in the legal department which balances the strengths and weaknesses between the two parties, such as consumer law, labor law and insurance law.