Research On The Illegal Cause Performance

Illegal cause performance is one of important legal systems of law of obligation in the civil law system. It is one kind of widespread daily phenomena, including payment for preventing criminal, bribe for official, donation for illegal sexual relationship and paying of money for gambling and going whoring. Among the laws in the civil law system, illegal cause performance is generally not treated as a special type, because these ill-gotten gains from illegal cause performance are not prescribed to return. On one hand, Chinese civil law seldom include any rules dealing with illegal cause performance. On the other hand, there are various acts of illegal cause performance happening in our judiciary practice, especially in the cases which relates to non-marital cohabitation and illegal cohabitation. As a result, the application of judiciary departments of our country may bring on unreasonable result and disunity. Through the clear analysis of traditional rules for illegal cause performance in the civil law system, this dissertation tries to discuss the possibility for build-up of framework for dealing with illegal cause performance in Chinese civil law.Besides the foreword, the paper which amounts to 35000 words could be divided into four parts.The first part is about basic theory of illegal cause performance. Firstly, it interprets the meaning of"illegal","cause"and"performance", including the analysis of the scope for"illegality", the analysis of the changing of cause theories from objective perspective to subjective perspective, and the analysis of the meaning of the meaning of"performance". Secondly, the paper compares some countries'legislation of illegal cause performance, including France, German, Italy, Japan and Russia. Finally, the paper introduce the analysis of base of right of claim in system of illegal cause performance, tying to solve the problem of the status of illegal cause performance.The second part is about cause theory. This part firstly introduces the burgeoning historical background of cause theory, tracing the evolution of reason theory in countries of civil law. Then, it including the analysis of the changing of cause theories from objective perspective to subjective perspective.The third part focuses on effects of illegal cause performance. It introduces and discusses several theories on the setting of law effect of illegal cause performance, including the Punishment theory, the Non-intervention theory and the Deterrence theory. Secondly, the paper analyzes the irrationality of forfeiture in cases of illegal cause performance.The final part discusses the build-up of framework for dealing with illegal cause performance in Chinese civil law, on the basis of the narration in the former three parts. Then, through analyzing of detailed cases , the author points out some contradictions for the Chinese jurisdictional practices in solving the illegal cause performance. Thirdly, the paper holds that our country should introduce the cause theory and the rules of illegal cause performance in order to perfect our country's institution on invalid civil acts and illegal cause performance. According to the above consideration, this thesis also make a tentative design on the institution of illegal cause performance, including three layers.