Discussion On Conspire Hypocritical Act

As a typical form of deliberate intention inconsistent, conspire hypocritical act was first established in the German civil law. Since then, some civil law countries or regions, such as the Japan, Taiwan of China,were seeking to established this law rules. At the same time,to strengthen the third parties interests in order to protect the security of transactions.In our country, there is no direct provision of conspire hypocritical act in the Civil Law and the Contract Law, Associated system for malicious collusion rules, legal form concealing illegal purpose rule. This paper introduces the theory not only relevant foreign conspires false representation, but also will compare the conspire hypocritical act to similar rules of Civil Law and Contract Law, and then analyze the shortcomings of malicious collusion rules, legal form concealing illegal purposes on the rules applicable, and then conspire hypocritical act should be enacted in our civil code in the future.this article includes the following four parts:First, the comparative research of conspire hypocritical act. Introduces the concept of conspire hypocritical act, and highlighted related or similar legislation of conspire hypocritical act in the civil law and common law system, Civil law countries mainly contains France, Germany, Japan, Taiwan of China, Common law countries mainly contains the United Kingdom, the United States. conspire hypocritical act refers ideographic person who conspires with a relative, unanimously made false and the true meaning of non-intention.In order to avoid enforcement of property of the debtor, Relative who conspires relative will go under the name of the property. Buyers and sellers of low-priced sales contracts entered into tax avoidance and intentionally submitted to the relevant departments for property registration.Second, the identification of conspire hypocritical act. Describes the difference between conspire hypocritical act and other related systems. On the Elements, the author said that the adoption of the four elements that must exist interesting representation, meaning and representation inconsistent ideographic person knows their meaning and representation inconsistent with the express meaning is inconsistent with the relative who conspires Department. On this basis, The Conspirators alone represents hypocrisy hypocrisy, said trust and other systems were compared, conspires to deepen their understanding of false representation.Third, by seeking the effectiveness of hypocrisy represented. This paper discusses the effectiveness and efficacy conspires to hide hypocritical behavior represented. Conspires hypocritical effect between the parties represented OK Invalid.But its invalidity shall not bona fide third party, Based on this analysis and the concept of a third person, range, and the third person point of goodwill and other.Hidden behavior depending on whether the effect of entry into force of the provisions of the law to meet this end.Fourth, the current dilemma and breakthrough norms of Civil Law.Firstly, malicious collusion of law provisions, To analyze its characteristics and its Elements, Conspires with and make a comparative analysis of false representation, To analyze the lack of malicious collusion rules exist in the theoretical and practical aspects of, And this lack of legislative proposals put forward relevant, Secondly, the analysis in order to conceal the relationship between legal and illegal purposes conspires hypocritical rules represented, The analysis of the dilemma faced by the applicable rules, Make relevant suggestions to improve the angle from the difference between the two, Finally, according to the analysis of proposals that should remove the malicious collusion and legal rules conceal illegitimate purposes, Will be incorporated into future conspires hypocrisy, said Civil Code, And should take relatively ineffective specification mode.