Research On The Impact Fraud Or Coercion Of The Third Party Have On Contract Effectiveness

In the process of contract trade, said the meaning of the parties to a contract plays an important role. The parties’flaw of declaration of intention in the contract, will seriously affect the legitimate rights and interests of the parties to a contract. In judicial practice, the third person outside of the parties to a contract for the parties to a contract fraud, coercion behavior phenomenon, caused by fraud, coercion, The parties’declaration of intention, severely damaged by fraud, coercion, the legitimate rights and interests of one party. But, there is still no provisions of the third person fraud, coercion, contract effectiveness in our country.except in Guarantee Contract Interpretation.Which arise difficulties and issues in practical legal application of the third person fraud, coercion, contract effectiveness.This article is divided into six chapters, using comparative analysis method, compared the legislation status of foreign and our country, third person fraud in China is discussed, and stress the necessity of legal regulation contract effectiveness. Using inductive research method, sum up the experiences of foreign legislation and the model for legislation in China:The first chapter is introduction. Main narrative thesis research status, research purpose and significance, research scope and research method.The second chapter to the third person definition of fraud, intimidation. From the basic concept and constitutive requirements of fraud, coercion, fraud and misunderstood, contract fraud and contract fraud, coercion and extortion of such as concepts, definition of the third person, the third person fraud, coercion, and the difference between a fraud, coercion, such as analysis, to a third person fraud, coercion is defined.The third chapter to the third person fraud, coercion, contract effectiveness comparison research. Through the scope of the concept of fraud, coercion and two sides of the contract effectiveness regulation, and continental law system countries, the regulation of the third person of fraud, coercion typical countries France, Germany, Italy, South Korea, Japan, the relevant provisions of the regulation for our country the third party to provide legislative reference fraud, coercion, contract effectiveness.The fourth chapter is the third person present situation of legal regulation of the fraud, coercion, contract effectiveness, fraud, coercion, introduces our country current law to the third party of the provisions of the contract effectiveness, mainly from the third of guaranty contract fraud, coercion and other contract fraud, coercion problem in two aspects.The fifth chapter is our country the third person of fraud, coercion contract effectiveness of legislative ideas. From the realistic necessity, necessity, the necessity of the legal system on three aspects:theory, explore the regulation in our country, the necessity of the third party contract effectiveness of fraud, coercion, analysis and draw lessons from foreign legislative model, think our country should be distinguished in the form of legislation mode and the unified socialist legislation mode, choose the legislative mode of unified. In the third person contract effectiveness on fraud, coercion, shall be deemed to be revocable, can change the contract.Chapter vi for the conclusion, China’s response to the third person of contract effectiveness of legal regulation of the fraud, coercion, fraud, coercion should stipulate a third person contract for alteration, revocable, within the limit of the contract the other party know.Third person fraud, coercion by fraud, coercion, one side is one of the reasons for the parties to a contract mean said defects, the our country present civil law has not will be the third person of fraud, coercion rules is one of the factors that affect contract effectiveness, causing the third person fraud, coercion, contract effectiveness problem in a loophole in the law. In order to solve this problem, proposed to the third person fraud, duress, the contract to be change, revocable contracts, change or cancel the terms for the contract to the other party knows the fraud or duress.