Research On The Undue Influence System Of Anglo-American Law - And Perfect Our Country's Declaration Of Will System

Undue influence is a special kind of defenses of the enforcement of promise in Anglo-American law, it aims to protect the adversely affected party who was victimized by a dominant influence. On the other hand, undue influence is the untrue declaration of will so as to can influence on the effect of contract.Undue influence system is quite mature in common law countries. In the U.K, there are two basic kinds of undue influence: actual undue influence and presumed undue influence. The presumption of undue influence is in two variety. One is legally certain produced presumption of undue influence, another is half presumption of undue influence. The court classifies the case of undue influence two kinds in practice in the U.S., one kind is to use the relationship of domination, the other kind is to use the relationship of trust. The court of the Unite State requires the party suffering undue influence provide objective proof.In civil law countries, most of them made similar provisions, but there are clear differences between the common law and civil law system.In China, misconceptions, unfair, fraud, intimidation and using the problems of others will lead to the flaws of the meaning. But we could not help weak side completely without undue influence. So the undue influence system should be set up in our civil code.