Research On The Determination Of Reticent Fraud

That silence can result in fraud is an indisputable fact,but there is a lot of controversy about how silence can do it.The reasons for this problem are mainly due to our country's vague provisions on reticent fraud(RF)and various disputes over the definition of duties to inform events with significant impacts.This article mainly combines the academic point of view and the court's jurisprudence,so as to sum up standards of RF from it.In addition to the introduction and epilogue,this thesis is divided into five chapters.The first chapter introduces and analyzes the definition of RF firstly.Secondly,it analyzes the legal basis for the existence of the RF system.Finally,current problems existing in the RF system have been presented up from a court jurisprudence and the dissenting opinion of academia on the elements of RF,which are,RF provisions are so vague that judges have different standards for such cases in practice.To solve these problems,we must start from the composition of the elements of RF and refine the provisions of RF.The second chapter elaborates the premise of RF,which is to fail to fulfill the obligation of informing in principle,but not in some particular circumstances.The problems of RF identification under certain circumstances,which meets other specific requirements,but only to specials.Since RF is on the premise of the behavior of failing the obligation to inform(OTI)in principle,then the definition of the(OTI)is particularly important.This part focuses on the source and the relevant consideations of the(OTI).The third chapter expounds the subjective elements of RF.In other words,the subjective state of the actor should be intentional.This chapter introduces the connotation of subjective intent of RF.The fourth chapter elaborates the causal relationship between silence and fraud,which equals to say that there is a causal relationship between silence and contract signing.The content required to be informed shall be sufficient enough to affect the meaning expressed by relative person to lead to RF.And the counterparty does not express the intention for any other reason or whether or not the important facts are told does not make a difference on the counterparty making his meaning.The fifth chapter states the reasons of the defense of RF.That is whether the relative person knows or should know the silence.It mainly discusses the reasons for defense establishment and how to identify it.