In this paper,the legal issues and legal issues related to contract fraud are systematically studied.In the thesis,the author summarizes and evaluates the relevant research results of scholars in China's legal science field,and also analyzes the relationship between countries and regions.There are still author 'sown point of view about the legal provisions of the comparison and evaluation after independent thinking.The following is a summary of the contents of each chapter in this paper:Chapter 1:The concept of "contract fraud" has not appeared in the theory of civil law and contract law of our country,but from the concept civil fraud can be divided into "contract fraud"and "performance fraud".Contract fraud refers to a party of the contract or a third party to inform the other party the false information or deliberately conceal the true situation to induce the latter to act in the wrong way.The existence of contractual fraud is related to the determination of the contractual fraud and corresponding to the validity of the contract.In the relevant treaties written by scholars of Chinese law circle,the the composition of contract or civil actions carried out by the fraud are usually recorded,and their views are often similar.In recent years,the scholars in China believe that the contract fraud can only be constituted by the fraud party deliberately.Although some scholars said that it can also be constituted by negligence of fraud party;this view,whether in theory or in law can not be established.In recent years,scholars in China have always emphasized the difference between contractual fraud and contract fraud,and the contract fraud is actually a kind of contracting fraud.Contractual fraud is a violation of the principle of good faith and prohibited by this principle.Chapter 2:The view that contract fraud is contractual negligence in nature is held by many scholars in China's legal academy.This point is quite the same in the treatises on the responsibility of negligence in contracting law published by some scholars in China's law circle.Some of which are referred to the contract that the fraud made in the process will lead to fault liability embodied in the contract.The view that contractual fraud is tortious in nature is held by a small number of scholars in China's legal academy.However,this view was rebutted in China's legal circle shortly after it was put forward.The scholars who refute this view are in fact disapprove the contract fraud is characterized as infringement behavior;it should be said that this view,after all,provided a new way of thinking for our legal profession and legal practice on the nature of contracting fraud research.The contractual fraud belongs to the infringement behavior in nature,because it is affirmed by the majority of scholars in the jurisprudence of our country.Since it belongs to tort liability,the responsibility of the contractual fraud can be attributed to the tortfeasors.Of the contracting offenses are all violations,a contracting fault is a kind of contract fraud is clearly not the exception.The third chapter:contract fraud can become a kind of contractual efficiency defects,this point has been unanimously recognized by the national and regional civil law or contract law.There are two types of legislation relating to the effect of contract fraud as a deficiency of contract on the validity of the contract,and these two types of legislation are respectively adopted in civil law or contract law in different countries and regions;the invalid legislation that made by contract fraud is invalid contract,the contract may be set aside as a revocable contract because it is constituted from the point of view that the existence of the revocable legislation.The majority of the revocable contracts will be invalidated by the fraud party to cancel the contract,from this we can know that these two kinds of legislation have no differences in the implementation of the effect.As to the validity of the contract made by contract fraud,the invalid legislation is adopted in the civil law of our country.In the case of China's current civil law,that is,the "Contract Law",which is currently in the state of implementation,It can be said that the law of legislation and revocation are examples of both legislation.The law of invalidity enacted for this law applies only to contracts concluded by contract fraud that harm the interests of the State;since there is a general provision in the act that the contract impairing the national interest is a void contract,There is no need for the adoption of an invalidist legislation.Chapter 4:Contractual fraud that exists in the social and economic life of countries and regions includes the fraud of one of the parties and the third party of the contract.Whether the contracting third party fraud can be the effective contractual defects,different countries and regions of the civil law or the attitude of the contract law is not the same.Our country civil law believes that the contracting third party fraud can not become the contract effect flaw.On the effectiveness of the contract of the third party fraud,the Chinese scholars generally concerned about the following views:in line with specific conditions,the effectiveness of such contracts should be denied.In the case of a third party fraud,the one who is cheated will have certain loss of property,whether the contract is performed or is invalidated or revoked by the court and from a reasonable point of view,the fraudulent party of this loss should be undertaken by the third party with a tortfeasible nature of the nature of liability for damages.Chapter 5:Contractual Mutual Fraud refers to the fraud committed by a Contracting Party on the basis of a malicious collusion between the contracting party and a third party for the purpose of concluding a contract.In the case of a joint fraud,the contracting party is a fraudulent party and the other party is a victim party,while the third party is a contracting party to assist the fraudster and is also assisting the victim in accordance with the requirements of the fraud party.There is bound to be a third party in the contracting fraud,but it is not that the third party contract has to be a contractual fraud.In the case of the conclusion of a contract,it is called mutual fraud only if the fraud committed by a third party is based on malicious association with a party to the contract,and on the basis of this malicious collusion that the third party acts at the request of the party to the contract.In the case of a joint fraud,whether the contract was invalidated or revoked by the court,usually the victim party will have certain property loss.In such a case,the parties shall be jointly liable to assist the victim,as to the amount of compensation between the two in the sharing of damages should be in accordance with the existing tort law on joint tort liability provisions of the relevant rules and regulations.Chapter 6:Contractual Silent Fraud refers to the fraud that committed in the way of silence during the process of concluding a contract by a contracting fraud party.Britain,France and Germany all confirmed that the contractual silent fraud is a form of contract fraud,while the enactments of the Netherlands,Thailand,Egypt,Algeria and Brazil all confirm in some way that contractual silent fraud is a form of contract fraud.In recent years,the court has already started the cognizance of contractual silent fraud in the trial practice,which embodies the attempt of our court in the affirmation of contractual silent fraud.The issue of contractual silent fraud has begun to get the attention of the scholars in China's legal academies.From the relevant discourse of these scholars,we can find out the ideas they have conceived about the elements of contractual silent fraud.These claims are of some value in the context of the identification of silent fraud.Chapter 7:Property damage in civil law includes direct loss and indirect loss.The scope of the compensation in respect of liability for contractual fraud means that the fraud party compensate the loss of property,whether it should include compensation for both the direct loss and the indirect loss,or includes only direct losses.lt should be recognized that at least in China the contractual liability for damages includes the compensation for both the direct losses and indirect losses;because legal basis can be found in our laws.Deny the scholars who held the view that it should be only direct loss;affirm the scholars who held the view that it should be both direct loss and indirect loss. |