Nullity Of Legal Acts Of Conversion

Legal act is a tool to achieve autonomy of private law, it plays an important role in protecting and encouraging the parties to respect the autonomy, then people can be certain legal acts to achieve their own free will lesson. As modern society based on consideration of the public interest and other factors, so the legal acts set many restrictions. An important means of entry into force of the provisions of the legal requirements is limited, its purpose is to adjust the relationship between individual freedom and social order. A legal act in accordance with its effects can be divided into an effective legal act, ineffective legal acts, legal acts revocable, effectiveness and other pending legal action. For an invalid legal act can not produce legal effects the parties expected. If left to their large number of production, it is bound with the parties contrary, as a legal act contrary to the nature of implementation tools of judicial self-government. Therefore it is necessary to be relieved invalid legal act. Invalid legal act to convert one of the remediesnvalid conversion in China has not yet legal acts are clearly defined, in theory, the study also very few examples of this paper, writing legislation and scholars at home and abroad, supported by examples, systematically and objectively elaborate an invalid legal act theory and specific issues related conversions, and made our way to the establishment of this relief analyzes the necessity and feasibility of the approach of how to establish this relief was conceived, it can play its role in better ideas, to draw attention to attention and consideration of this pathway.In this paper, the text is divided into four parts:The first part is an overview of the conversion invalid legal act. It introduces the meaning of "legal acts", meaning "invalid legal acts" as well as the conversion of the meaning of legal acts invalid. And the meaning of the relationship and distinction between the three briefly compared and analyzed.The second part of the study is invalid legal act extraterritorial conversion. System, elaboration and introduction of civil law countries and common law countries legal acts invalid conversion cases related legislation, jurisprudence and doctrine. Civil law countries, mainly Germany, France, Italy, the Netherlands, Japan and China’s Taiwan and Macau. Common law countries introduces an invalid legal act concerning the conversion of theories and related jurisprudence.The third part is the scope of legal acts invalid conversions. This section focuses on the applicability of legal acts, four conversions. Including:First, invalid legal act only with the scope of the conversion. Second,partially invalid legal act whether applicable conversion. Third, the legal validity of an act to be determined whether applicable conversion. Fourth the possibility of legal action may revoke the applicable conversion. The applicability of these four types of conversion are described and analysis system.The fourth part is ineffective Components and mode conversion of legal acts. Elements include two:one is to convert an invalid legal act constitutes a positive element; a negative element to convert an invalid legal act. Conversion of three ways:The first is to convert the law, also known as the course of conversion or legal conversion, the second is the conversion of interpretation, also known as conversion or conversion referee fiction; the third is agreed conversion.The fifth part is about the idea of establishing a specific legal act invalid conversions. The first part discusses the necessity to convert invalid legal acts, including three points:first,legal acts invalid cast in favor of implementing the real intention of the parties to realize private autonomy.second, conversion invalid legal act in favor of no-fault protection of the rights of the parties, to maintain fairness and justice.third,invalid legal act in favor of the conversion transaction cost savings, cost-effective concept. The second part focuses on the feasibility of converting an invalid legal act, also it includes three points-first, does not-lead to the judge abuse the weak judicial discretion. Second,The legal acts invalid conversions have been applicable.third,The scholars called for a legal act invalid conversion creates a public opinion environment. The third part describes the specific idea of establishing a legal act invalid conversion, which includes four points:the legal act is invalid.first, on conversion of property law. Second, legal act invalid credit law on conversion. Third,family law, inheritance law invalid legal act on the conversion. Fourth,Commercial invalid legal act on conversion.