The Study On Transitions Of Null And Void Juristic Act

As a legal instrument of self-government, juristic act plays an important role in encouraging and protecting private autonomy. Modern society based on social factors such as public interest considerations, takes numerous restrictions to the juristic act. The entry into the force of provisions of the elements of juristic act is an important means of restrictions. The aim of force is to coordinate the individual freedom and the relationship between social orders. According to their results, juristic act can be divided into effective and ineffective, modifying or cancelling, and effect determined. Null and void juristic act should not have expected that the legal effect of the parties. With their substantial election, the parties will inevitably have resulted in violations of autonomy, contrary to juristic act of self-government as a private law nature of the instrument of implementation. Therefore, there is a need for relief of null and void juristic act. Transitions of null and void juristic act are one of the important methods of relief.A completely juristic act is invalid, if the juristic act complies with the other elements, but also considers the parties such as to make known its intention to void the other juristic acts in force, the other juristic act is effective. This put an invalid juristic act into another effective juristic act, which is the transition of null and void juristic act. As a means of resurrection, transitions of null and void juristic act plays an important role in carrying out the idea of private law, saving transaction costs, encouraging and protecting party autonomy.Transitions of null and void juristic act is not yet defined clearly in our country, also little research in theory. This paper adopts relevant legislation, as well as foreign scholars writing, supported by examples, and systematically expounds the theory and the specific problems of transitions of null and void juristic acts, and makes analysis of the feasibility establishing this system in our country, and how to establish the system in our country, with a view to play a forward role, causes people to consider this system.This article has 34000 words more or less, with the exception of the introduction and conclusions, is divided into three parts:Part one is the theoretical basis of transitions of null and void juristic act. First, from logic premise of transitions of null and void juristic act, transitions of null and void juristic is one of the important ways to resurrect ,its existence is necessary. Then introduces the concept of transitions of null and void juristic act, and related concepts are compared and then gives a brief introduction of the origin and model legislation of transitions of null and void juristic act. Finally to give more detailed of the value of transitions of null and void juristic ac, pointes out that transitions of null and void juristic act has three important aspects of value: the autonomy of private law and implementing the principle of party autonomy implementation; saving the transaction costs; the maintenance of security of transactions, the protection of the parties and the third person's interests.Part two is the construction of transitions of null and void juristic act This part is the core of this article, focusing on transitions of null and void juristic act, from the way, the elements, and limitations of the three aspects discussed in this paper. First, this paper introduces the transitions of null and void juristic act which has laws on transitions and interpretation, and does the analysis of "conversion agreement" which is controversial. Secondly, this paper conducts a more in-depth analysis in elements of transitions of null and void juristic act, transitions of null and void juristic act has three elements: First, have the existence of a null and void juristic act Second, the null and void juristic act has to comply with elements of alternative acts. Third, transitions of null and void juristic act must be consistent with the meaning of the parties. Finally, this article makes the exposition of restrictions of transitions of null and void juristic act, considers restrictions reflecting in two aspects: the conversion shall not be contrary to basic purposes of the law of a juristic act; will not be allowed to convert the name to circumvent the laws.Part three is the establishment of transitions of null and void juristic act in our country. This section is based on the past two parts, focusing on the transitions of null and void juristic act in our country, as well as the practice of our country established the transitions of null and void juristic act, the feasibility of that transitions of null and void juristic act established in our country and will not cause the expansion of judicial power and the right to judge and maintain party autonomy. At the same time, this article takes suggestions on the establishment of the transitions of null and void juristic act in our country that should base on legislations and doctrines of German, pull the transitions of null and void juristic act in principles of civil law of the future of our country.This article concludes that, as a major revival of channels, the transitions of null and void juristic act has a great functions, our legislature should introduce this system in order to protect private autonomy. In addition, this introduction should not be fragmented and should direct "used", then constantly concern the latest developments of this system, and develop and improve it in the legislative and judicial practice.