Abstract：The rules that administrative approval is necessary for the effect of contract are not only different from the ius cogens adopted by the Article 52 of the Contract Law of China, but also different from the registration rules adopted by the Real Rights Law of China. Hence, the contract without the administrative approval can not be valued as invalid on the ground of violating imperative rules. At the same time, the Separation Principle in the Real Rights Law can not always be implied to analyze the impact of the administrative approval on the validity of contract. The administrative approval is just the necessary condition for the enforcement of the contract, rather than the sufficient condition. The disputes between the parties arising from the contract should be resolved through the civil proceedings instead of administrative procedure. When the party who bears the duty to apply for the administrative approval does not perform it in accordance with the law or the contract, the other party can ask the debtor to assume the liability for breach of contract or the liability for culpa in contrahendo.
吴光荣. 行政审批对合同效力的影响：理论与实践[J]. 法学家, 2013, 0(1): 98-114.
WU Guang-Rong. The Impact of Administrative Approval on Validity of Contract:Theory and Practice. , 2013, 0(1): 98-114.
2013, Vol. 0 
