The Study On Transitions Of Null And Void Juristic Act

Legal act system relative to the statute law countries, the importance of emphasize too much, which is in the specific provisions of the civil law system are summarized, and the extract produced by the common factor ". The system of legal act is in the core position in the modern civil law. It has been connected with each part of the civil law together, make it become an organic whole, it can be said that it is " a red line " of civil law, and it is the essence of civil law ". Legal system as to the meaning of the said as the core, the in real life plays an important role in two aspects,the first is to fully protect the principle of autonomy of private law, that is, to ensure the autonomy of the parties and the meaning of that full play; the second is the limited autonomy, from the angle of social fairness and justice, and consider the civil parties into the framework of laws and regulations, so as to conform to the social fairness and justice. From a philosophical point of view, the two functions are both contradictory and unity of the relationship, including the unity of opposites, the unity of opposites,that is, in the protection of the restrictions in the protection of the restrictions. The role of the two together constitute the internal coordination of the system, to prevent "too far".Limiting the autonomy of the will, mainly through the invalid, the effect to be determined and can be revoked and so on, in which the most severe, the most unfavorable to the parties. Invalid legal behavior reflects the state intervention and state restrictions. Of course, the restrictions are necessary, but the restrictions are not absolute expansion, and then interfere with the autonomy of the autonomy of the autonomy of meaning. In this regard, the Taiwan political university professor Ceng Shixiong said: "civil law against the" invalid legal act, there are two kinds of basic mutual conflict of the design". Invalid legal act system is the foundation and premise of this article, the inherent drawbacks of the system is also the logical starting point of this paper. In order to overcome the shortcomings of the system and the system stiffness softening treatment and Invalid Juristic Act System D-Will conversion.Invalid legal acts the function and role of the system conversion is of Invalid Juristic Act institution softening treatment, so to ensure autonomy and encourage trade and protect the public interests of the society, the social security fairness and justice. Therefore, the conversion of the invalid legal act is in line with the needs of social reality. Therefore, it is necessary to analyze the theoretical basis, methods and elements of the conversion of invalid legal act, which is the key point of the transformation.Is adopted in this paper literature analysis method, historical research method,empirical comparative analysis method and the logical analysis and deduction method to the transitions of null and void juristic act system are expounded, and from the legal theory and empirical method combining point of view, our country about the system theories and one-way laws and regulations and judicial interpretations of regulations are summarized, and pointed out that it is necessary for our country to the of the provisions of the legislation.This paper consists of four parts:The first part is an overview of the system of legal act is invalid conversion. Firstof all, the concept and significance of the invalid legal acts were analyzed, and pointed out the inherent defects of the system design, which leads to the following;secondly, discusses the conversion of invalid legal acts and its significance. Through the literature comparative analysis of many scholars of this system definition of comparative analysis, draw their own definition of the system, and the system of meaning, value and rationality of simple elaboration; thirdly, it expounds the conversion system of the origin and history of the invalid legal acts. Through the historical research, the ancient Roman law "invalid civil behavior resurrection" system in-depth anatomy, from the early Roman's focus on the transaction form to the late Roman pay attention to the meaning representation "null and void civil conduct resurrection" system put into use. After the system has a profound impact on the countries of the continental law system, the legislation of the system were to follow,inherit and transplant. Not only that, the system also has the influence to the countries of Anglo American law system.The second part, the legal act is invalid conversion system of extraterritorial legislation enlightenment. Of two big legal systems ineffective legal acts conversion system of comparative law research and from the angle of positive law, the legal provisions of the countries of the two law systems to sort out, and summarizes their similarities and differences, and points out their advantages and disadvantages, thus obtained is the enlightenment. The main enlightenment is: the system in various countries of the legislative model, the constitutive elements of the transformation and the scope of application is roughly the same. The common shortcoming is that there is no research on the theory behind the conversion system of invalid legal act, which makes the system lack of the support of the origin.The third part is the theoretical basis of the invalid legal act transfer system. By means of logic analysis and deductive method, the theoretical basis of the system of invalid legal act transformation is analyzed. Saying: "for the elderly wood, will be solid fundamental", any particular system are set up on the basis of the basic theory of theory based on specific system, like the foundations of the building, leaving the support of the theoretical basis, specific system will become "the foundations of the building, the whole system can construct. The legal act is invalid conversion system also needs relevant theoretical support, this paper argues that the legal act is invalid conversion system with the principle of autonomy, encourage trade principle, legal behavior theory and the effect of the initial state of the invalid legal acts to revoke the theory of the four principle or theory, the principle of autonomy which is discussed from both parties angle; the principle of trade encouragement is discussed from the perspective of social efficiency; legal effect theory is from the initial state of the conversion time of discourse; invalid legal act theory is starting to withdraw from the perspective of fairness and justice, emphatically discusses from the protection of vulnerable groups and the maintenance of transaction security. Conversion and conversion of the follow-up discussion elements are established on the basis of the.The fourth part, the legal act is invalid conversion mode and the elements of the new re building. First of all, the traditional way of conversion of Invalid Juristic Act of criticism, advocates the transformation of law traditionally and explain thetransformation is not reasonable, the application will have a confusing concept, even contradictory, and the "conversion agreement" form to be abandoned, and then put forward a new conversion method, namely switching behavior and the effect of conversion; secondly, the in-depth analysis of the original elements constitute the basis theory and theory on the transitions of null and void juristic act constitute elements of the re construction, and put forward the "three elements", namely the way of positive elements, elements of negative elements and ways to the elements, but also can be called invalid obstructed or invalid exclude liability, both belong to the synonym, this explanation can be used interchangeably. ]; again, the "new three elements" to size type elements. Through the study on the provisions of our country and various countries' empirical method, using "raise the common factor" method are analyzed and summarized will convert the way of to practice.