On The Innocent Misrepresentation Of Anglo-American Contract Law

Innocent misrepresentation is a representation that the person is subjectively unconscientious and completely unconscious and does not correspond to existing facts.There are many ways in which this kind of expression can be made.Whether it is an act or inaction,it can be constituted either in words or in acts.If this false statement has nothing to do with other people and does not involve the interests of others,the law naturally ignores it.However,once the contract is relied on such a false statement,the act will inevitably affect the interests of others,so it needs to be included.The scope of legal adjustment.An innocent hypocrisy statement is a common type of false statement that induces a party to a hypothetical hearing statement to sign a contract with the presenter,infringes the legal contractual rights of the stated person,and makes the contract flawed,making its validity unclear.status.There is no stipulation of innocent hypocrisy in the civil law legal system of civil law countries.Then,after innocent hypocrisy,the victims of hearing hypocrisy should use their own ways to obtain relief to reduce losses.If the system is in a blank situation,the court will judge according to what principle.Due to the lack of this type of legal system,it brings many uncertainties and confusions to actual operations,and it is also not conducive to guiding the actions of the parties and giving the victims effective relief.At present,the judicial practice in our country does not solve the beneficial practice of this phenomenon,and there is no rule to follow.In the future civil legislation,it is particularly urgent to draw lessons from this kind of false representation system of the Anglo-American law,or to adopt other methods to adjust the behavior that actually belongs to this kind of hypocrisy.The author starts with analyzing the theoretical basis of hypocrisy statements and assumes responsibility.Out of the requirements of the result obligation and the protection of the trust interest,the author provides the theoretical justness for making reproaches.However,due to the consideration of fairness and the maintenance of the security of real transactions,it is doomed to restrict the degree of remedy and remedy for the victim of the hypocrisy statement to different extents.At the same time,it analyzes the common law and equity laws of the United Kingdom and the United States on the relief of the victim's party.Practice,as well as out of the scope of the contract law,in the tort law in the real operation of the regulator of the regulation.Based on the analysis of the theory and practice of the Anglo-American legal system,the author explores the impact of this institutional concept on China's civil legal system,and objectively analyzes the current difficulties in the legislative and judicial areas in China,how to localize the system,and localize it.The difficulties encountered in the process and how to overcome them.Finally,it puts forward the conception of the system in our country's civil legal system,increases the type of contract that can be revoked,discusses whether the right of the revocation right should be given to the revocation right,and whether the court can restrict the right of revocation of the right holder.At the same time,it not only focuses on the field of contract law,but also explores the possibility of remedy of the system in the area of tort law.