On The Legislation Of Undue Influence

The system of undue influence originated from the United kingdom's equity,it aims to provide a legal remedy to the party of the contract, who signed the contract under psychiatric or psychological pressure,or because of weak will,physical weakness and spiritual pain,the party lose the capacity to make independent choice.Undue influence system is quite mature in common law countries,particularly in the United Kingdom and the United States,and both of them have their own standards on the identification of undue influnce.In addition to civil law countries,most of them only made similar prowvisions except Dutch,such as Germany's "profiteering" system,France's "fraud"system.China is greatly influenced by civil law,so there is no undue impact on the provision.However,the reality and theory show that China is entirely necessary to build the system.First of all, there are plenty of complex social relations in China, and market transactions are not standardized, so based on the existence of reality it is necessary to build undue influence system in China. Secondly, the flawed system in China include fraud, duress, a position of vulnerability, major misunderstanding, obviously unfair,but can not cover the possible role of undue influence.Therefore,based on the existence of theory it is necessary to build the undue influence system in china. In the process of building this system, according to China's national conditions and legislative status,china should absorb the Anglo-American countries on the essence of the system. Meanwhile, china should clearly recognize that if the undue influence is applied properly,it can not only maintain the contract fairness, but also maintain the security of transaction, thus promoting economic development.But if it is applied improperly,things will lead to the opposite way. Therefore, during the process of building the undue influence system, China should enact legislation, in order to prevent abuse.