Defects Means That The Type

Declaration of intention is the intention representation action that the feason exercise to facilitate the force of law. Declaration of intention is the core of legal actions system and the key to implement the objectives and the values of the rule of law. Flaws of declaration of intention is the deficiency state for declaration of intention imperfect or can not occur or can not effect completely, including two situations that the variance of the feason's intention and denotation and the unfree declaration of intention. The principles of General Principles Of The Civil Law and Contract Law of the People's Republic of China provided frauds, menaces, hit somebody when he's down, gross misunderstanding, legal form concealing illegal intention, unconscionability and so on to express the type of flaws of declaration of intention. Such crude principles and regulations lead the problems that difficult to cognizance the third party's frauds and economic coercion can not be identified, difficult to distinguish unconscionability and hit somebody when he's down, the concept unclear for malicious collaboration and legal form concealing illegal intention in practice. Using the experience of two legal systems, in the future of China to make the law of declaration of intention for the Civil Law we should add the content of the third party's frauds on the basis of one party's fraud, definitude the economic coercion as a type of menaces, to integrate the unconscionability and hit somebody when he's down into a similar concept of obviously unfair conduct in German, to integrate the malicious collusion and legal form concealing illegal intention into hypocritical representation.The text consists of four parts besides the introduction and the conclusion. The first part is the basic theory of flaws of declaration of intention, including the concept of declaration of intention, the constitution of declaration of intention and the value of declaration of intention in the whole law system, the meaning of flaws of declaration of intention and the causes of defects and the interpretation and the principles of interpretation of declaration of intention. The second part discusses the basic types of flaws of declaration of intention and the limitation of existing types. The law system of our country belongs to the civil law system. General Principles Of The Civil Law and Contract Law also followed legislation tradition of the traditional civil law, which provide the types of flaws of declaration of intention mostly include frauds, menaces, hit somebody when he's down, gross misunderstanding, legal form concealing illegal intention and unconscionability. However, our existing regulation system of the flaws of declaration of intention is not perfect and has certain posteriority with the color of the planned economyThe third part discussed the main types of declaration of intention in the two law systems and component and force of each type in detail. The civil law system classified flaws according to its production stage generally. Produced in the stage of the meaning formation are declaration of intention by fraud and coerced declaration of intention. While the decision made from subjective errors caused by misunderstanding of the nature also belongs to the flaws produced in the stage of the meaning formation, for convenience to narrate in the text the errors of nature were discussed in the error. The flaws present on the convergence of declaration and intention including holding back the intendment, hypocritical declaration, prank declaration and erroneous declaration. In the law system of USA & Britain the flaws of declaration of intention are mostly embodied in the contract and the main forms are errors, misrepresentation, menace and undue influence.The fourth part is based on the analysis above of the regulation related of the two law system provide the relevant measures to improve and perfect the limitation of the existing types of flaws of declaration of intention in The Civil Law of the People's Republic of China and complement the gaps in existing provision.