The Study Of Void Act From The Effective Conversion Theory Aspect

The effective conversion system of void acts widely exists in continental law countries.This system originates from these countries as well.Private law autonomy and also the highest standards of national rights,namely personal rights,are regarded as a signs of well-developed political countries.Nevertheless,owing to various reasons,this kind of system is not established in our country.The intervention of public power towards personal rights is generally characterized as national negative evaluation to the individual behavior.Make the acts which don't confirm to legal provisions invalid or partially invalid,and thus produce void acts.Too much void acts will hinder trade and hit the enthusiasm of interaction.In order to make up for the inflexibility of such rules and make the legal acts back to life again,the effective conversion system of void acts arises at the historic moment.Based on the foreign legislation,theory and case at home and abroad,this dissertation fully applies document study and launches discussions as well as researches to the effective conversion system of void acts.The main parts of the dissertation can be divided into three parts:the first part evaluates the value of this system,and illustrates its connotation and evolution.The second part further studies constitutive requirements of this system from subjective and objective perspectives,which is the core of the dissertation.The third part concentrates on possibility and necessity of this system applied in our country.From the research,it can be concluded that:the advantages of this system are liberating private rights,maintaining trade order,and saving the cost of reciprocity.All of these advantages will protect the rights of the parties and safeguard the economic interests of social subject.The introduction of conversion system of void acts can not only make up for the blank of the law but also maintain personal right,which has great practicability and feasibility.