On The Effectiveness Of A Third Party's Fraud And Coercion

Validity of the meaning and effect of civil liberty. In the case of fraud and coercion, the parties representing the interference effect of freedom and truth and civil behavior. Under normal circumstances, fraud or coercion from the relative contract fraud, in order to protect the stress of autonomy, legal provisions of the right to revoke. But when the third person outside of the contract fraud, coercion, interference with contract parties mean the truth and freedom, embodied by the conflict of interest between the fraud, side stress, privity of contract, the third party, then the how to coordinate by fraud, coercion or the interests of the party autonomy and contract relative people's trust? China's current legislation on fraud, coercion system, "general principles of the civil law" and "contract law" are not provided for the third party fraud, coercion, the validity of the contract. This is the loopholes in legislation, in judicial practice, the judge cannot can depend on, the related legal interpretation inconsistencies resulting in many different co judgment of the case. Almost all of the civil law countries and regions of the civil code have explicit provisions on the legal effect of the third party fraud and the three stress, coincided with the occasion of the compilation of civil code of China. In this paper, the of third party fraud, coercion contract arising from contract effectiveness and in civil code should take what kind of legislative mode of. I hope it can provide reference suggestions in the compilation of the civil code in our country.