Research On The False Declaration Of Will-the Interpretation Of The First Paragraph Of Article 146th In The General Provisions Of The Civil Law

The interpretation of the first paragraph of article 146 th in the General Provisions of the Civil Law is a provision concerning false declaration of will.It consists of the three constitutional elements.The first one is the inconsistency between the intrinsic will and external expressions of the actor and the opposite party,the second one is the existence of a conspiracy between the actor and the opposite party,and the third one is the actor and the opposite party express knowledge of three elements that are inconsistent with the conspiracy.The inconsistency between the intrinsic will and the external expressions of the actor and the opposite party requires the separation between the intrinsic will and external representations of the actor,ie,inconsistencies between the intrinsic will and the external expressions,the actor and the opposite party are completely in the free state,intentionally separates the inner meaning from the outer expression.The existence of a collusion between the actor and the opposite party requires that the actor and the opposite party have a two-way,active and meaningful connection.The notion that the actor and the opposite party are inconsistent with the conspiracy does not require the actor and the opposite party to know the nature and contents of the concealment.The making of false declaration of will is often accompanied by a hidden act,but this hidden act does not affect the establishment of false declaration of will.In terms of constitutional elements,the false declaration of will is different from the “laws of collusion that harms the interests of the state,the collective,and the third party” in the General Principles of Civil Law and the “covering illegal purposes in legal forms” in the Contract Law.The invalidity of the false declaration of will means that the effectiveness between the actor and the opposite party is relatively ineffective.The theoretical basis of the effectiveness evaluation is to take into account the autonomy of the parties and good faith of the other parties.The third party's trust interests and transaction security are relatively ineffective and are reflected in the false declaration of will.Hypocrisy represents the internal validity between the parties and the external effectiveness of the parties and the third party.The internal invalidity evaluation between the parties reflects respect for the party's autonomy of the parties.The external effectiveness of the parties and the good-will third parties is reflected as not invalid.Against good-will third parties,they insist on safeguarding the interests of trustworthy third parties and transaction security.Absolute invalidity refers to “malicious collusion,acts that damage the interests of the state,collectives,and third parties” and “masking illegal purposes in legal forms”.The theoretical basis for assessing the effectiveness of such violations of the state's mandatory effectiveness provisions is the maintenance of social order and public interests.The protection of confrontation rules against the interests of bona fide third parties is different from the system of good faith acquisition.The acquisition of the system of good property rights as the Real Right Law is only applicable to the field of real rights,but in the field of the Contract Law where the bona fide acquisition system does not apply to,with the appearance of considerable rights,the reservation of confrontation rules is very important.China's Civil Code is compiled by reference to the Pandcreton model of the German Civil Code.While the General Provisions of the Civil Law is based on meeting the needs of China's judicial trial practice,it should also uphold the integrity of the civil code theory,because the first paragraph of Article 146 th only points to false declaration of will means,which the interpretation of the first paragraph Article 146 th should be expanded.Under the premise of false declaration of will to be based on the principle of invalidity,it should insist on the principle of separate hypocrisy to be effective,in order to adapt modern civil law to the concept of trust interest and transaction security development trend.