Study On Transitions Of Null And Void Juristic Act

This article stands itself within private law regime as a context. To begin with, an introduction over both historical origin and present reality of "transitions of null and void juristic act"as a legal institution is briefly dealt with. Several aspects, such as status in civil law of this institution, the specific types and forms of transition, the constitutive requirements, the scope of implementation and illustrations of all the very issues, are properly under examination. The relationships between transitions of null and void juristic act and some principles with fundamental significance, i.e. principles of autonomy and of interpretation of manifestation of intention are also delved into. After a clarification of the development of this institution abroad and of its positive significance, a survey on the weakness and insufficiency in current condition of developments is made. As a conclusion for this part, a statement is remarked at the end: a total and comprehensive introduction of this very institution into our legal system is advocated, and a calling for reinforcing more and further study both theoretically and judicially is endorsed as well. This thesis consists of three parts: introductory remarks, main body and ending remarks. Introductory remarks come straight to the point that there is an unfortunate void in our legislative texts and norms in provisions, in our judicial practices, and in theoretical study. Ending remarks clearly indicate there should be a willingness of us to introduce foreign legal institutions and a set of had-better-do suggestions is also discussed. Undoubtedly, the lion's share of this paper is devoted to the major body, which consists of five further parts. Part one is mainly on the introduction of genesis, status and appraisal on values of the very institution-transitions of null and void juristic act. Part one is composed of five further subsections. In subsection one, a succinct exposition on the terminology, such as transitions of null and void juristic act, original juristic act and target juristic act, is dealt with. Subsection two retrospects the genesis of this very institution and looks back into history with an examination on the comparable institution in Roman law known as institution of transition. In subsection three a generalization of current conditions of transition institution in various countries is introduced. Subsection four is on the legal status and significance of this institution in civil law doctrine. Subsection five analyzes the jurisprudential underpinnings and values orientation the positive importance of this institution. Part two puts an effort on the examination on the types of transition of null and void juristic act, and on the legal implementation and legal requirements of the very juristic act. Three subdivisions are divided: in first segment, an exposition of three different forms of transition in effects is given; an analysis on the priority in the order of implementation of the very three transitional forms is conducted in segment two; and the third is devoted to a deliberate inquiry on four constitutive requirements of transition. Part three is mainly on the implementation of scope of transitions of null and void juristic act. This part is also composed of five further subsections. Subsection one is on the scope of transitions of null and void juristic act. Subsection two resolves the problems caused by revocable juristic acts. Subsection three proposes an argument that juristic act exposing to cancellation, i.e. juristic act with pending validity, shall not be put into transition of any form. Subsection four analyzes role of transition in cases in regard to partial voidance of contract. Subsection five gives a comprehensive survey on the scope of implementation and non-implementation of transition of juristic act. Part four is devoted on the relations and interaction between intention to cause transition, interpretations of manifestation and autonomy of intention. Subsection one focuses on the nature of intentions in transition and on its distinction from interpretation of manifestation of intention. Subsection two focuses on the interplay and connection between intention to cause transition and interpretation of manifestation of intention. Subsection three argues in favor of a transition in pursuance to the principle of autonomy of intention and harbingers a potential threat in doctrine of transition to principle of autonomy. Part Five is devoted to specific types of the implementations of transitions of null and void juristic act. This part is divided into four subsections according to the compendium and arrangement of theories on civil law doctrine. Subsection one is in regard to property law. Subsection two on illustrations in law of obligation. In subsection three a brief introduction of illustrations in family law and law of succession is set out. Subsection four exposits other illustration of types such as negotiable instruments in a sketchy way.