Study On Transitions Of Null And Void Juristic Act

The transitions of null and void juristic act refers to an invalid legal behavior with other legal behavior requirement,and other legal acts in accordance with the parties concerned have to mean,other legal behavior is effective.Different from corrections,the transitions of null and void juristic act have two different types: legal transitions and transitions of interpretation.The transitions of null and void juristic act,which began in roman law,have been already inherited and developed by Germany,France and Japan etc.By comparison,there is no general rule but some special provisions of the transitions of null and void juristic act in our country.The transitions of null and void juristic act have three elements: first,have the eligibility of a null and void juristic act;second,have the eligibility of alternative acts;third,the transitions of null and void juristic act must be consistent with meaning that can be speculated by the parties.Of particular note is that the partially invalid legal act,the legal validity of an act to be determined,the revocable legal act and the legal act with different layout and content have no access to transitions.In judicial practice,the transitions of null and void juristic act should be strictly limited.The restrictions reflecting in several aspects: interpretation is superior to the transformation;the transitions of null and void juristic act shall not be contrary to basic purposes of the law of a juristic act,etc.In addition,the reasons of the invalid legal acts,such as unsuitable body,formal illegality violation of the compulsory provisions of the law and administrative regulations,violation of public order and social customs,ambiguous meaning,ineligible subject are great consideration in the transitions of null and void juristic act.Considering that the transitions of null and void juristic act play an important role in implementing private autonomy,and the system of transitions of many other countries may be used for reference in the legislation of our country,the general rules of the transitions of null and void juristic act should be established.