Research Of Whether The "infidelity" Guild Regulations Applied In Antique Market To Be Fraud

Antique market of “infidelity” guild regulation remains for a long time. But at this stageof the antique trading, the problem of “mix the false with the genuine and regard shoddy asdefective goods” becomes more and more prominent. Many people believe that the situationis due to the “infidelity” guild regulation, therefore the regulation is questioned by more andmore people. To investigate whether “infidelity” guild regulation is in conflict with the currentlaws, the nature of “infidelity” guild regulation should be made clear firstly.“Infidelity” guild regulation is the product in the process of long-time antique tradingunder the influence of the demand of the market. It can not pass through the judicial standardtest steadily, therefore, it does not necessarily belong to the “legal custom”. The guildregulation is not admitted by the judicial organs absolutely, so it does not belong to thecategory of the common law. It can be known that the nature of “infidelity” guild regulation isthe real custom, so there is no necessary to abide by it.“Infidelity” guild regulation needs topass through the legal standard test of value evaluation firstly before being applied intopractice.“Infidelity” guild regulation can be applied into practice according to the contract lawand judicial interpretation of the contract law when it is recognized as “legal custom” byjudicial organs.At that time,the nature of the guild regulation is the common law. Unless thereis an irreconcilable conflict between “infidelity” guild regulation and civil laws, and thecontent of the guild regulation is clearly against the spirit of the law, the guild regulation maynot be applicable.In the field of civil law,the most serious conflict existed between “infidelity” guildregulation and civil law is whether to constitute civil fraud. Through analyzing the fraudtheory from different scholars, the author summarizes the fraud constitutive requirementsagreed by herself:1. The fraud behavior is fraudulent;2. The meaning is in error due to fraud;3. The representor take actions due to wrong intention;4. Fraud are willful to make the fraud;5. Fraud behavior goes against the principle of good faith.By analyzing the constitutive requirements of fraud, and combining the differentapplicable conditions of “infidelity” guild regulation, the essay researchs the nature andstructure of the fraudulent behavior behind “infidelity” guild regulation.“Infidelity” guildregulation under the following circumstances is negated by civil laws in terms of its fraud:1. By fabricating the facts about antiques deliberately, the seller induces the buyer into the errorand making the wrong meaning;2.By issueing false appraisal opinions of antiquesdeliberately,expert induces the buyer into the error and make the wrong meaning;3. Althoughhaving made the statement of “We cannot guarantee the authenticity and quality of the auctiontarget” before an auction, the auction house is engaged in the contradictory behavior andinduces the buyer into the error and make mistakes. In addition to the above three kinds ofsituations, antique trading behavior will be difficult to be identified as fraud.So it can beapplied according to the provisions of civil laws.