Study On The Transition System Of Null And Void Juristic Act

The transitions of nullity of juristic act has been set up for many years in continental legal system,but the transition system has been neglected from the time when the People's Republic of China was established.These is always a controversy on whether we should build the system of transitions of nullity of juristic.Some think it is necessary to build this system,but others hold the opinion that there is no need.Based on extraterritorial provisions of law on transitions of nullity of juristic act,this article discusses the definition,beginning,constitutive requirement of transitions of nullity of juristic act,and analyze the necessity and feasibility of building of this transitions in China,which leads to a conclusion that we should make use of the opportunity when the civil code is being compiling and introduce this transitions system into our own legal system.This article can be divided into six parts:Part one,posing problems.First,focusing on the one hundred year's change of China's civil law,the writer find that the transition system fades in law inheritance;then based on juridical practice,although the transition system doesn't exist in our country,it is often seen that it is used in transitions of nullity of juristic,which makes our law system disharmony.Part two,the definition and beginning and development.This part first introduce what is the transitions of nullity of juristic act,and in order to make readers have a better understanding of this system,the writer compares some similar concepts with it.Then the article discusses the beginning and development of this system.Part three,study on extraterritorial provisions of law on transitions of nullity of juristic act.This part mainly discusses Germany?France?Italy?Japan?Hongkong and Macao on their legislative content about this system.Then,summarize the legislation model?position in civil code and transition ways of this system.Part four,key component.On the base of extraterritorial experience,this part introduces positive requirement and negative requirement of transition system.On the one hand,the conversions of null and void juristic act requires the existence of a null and void juristic act,declaration of intention about conversion between parties and having a valid alternative act;on the other hand,transitions can not go against autonomy of will and public order and good custom,besides the purpose of transition can not go beyond what primary act wants to get.Part five,introducing the transition system into our country.To begin with,the article analyze the necessity;then,the article discuss the possibility.After getting positive result,the article offers some brief suggestions on how to build the transition system.Finally,the writer makes a supplement that procedural law should also be adjusted with the changes of substantial law.Part six,making a conclusion.This part summarizes the whole article and raise up that when we introduce the transition system,we should make it adapt to China's practice.What I have said before,we should and could and must make bset use of the opportunity when the civil code is being compiling and introduce this transitions system into our own legal system.Only in this way,can we have a better tomorrow.