Research On Restitution Of Property Acquired Through Void Contract

The invalidity of the contract refers to the negative conclusion obtained from the evaluation of the established contract by the law in accordance with certain standards(conditions).The legal consequences of the contract cannot occur because the contract is not in force.In other words,since the law does not recognize the validity of an invalid contract,it should make the property condition of both parties not changed by the invalidation contract.If either party or both parties have delivered the property due to the contract,the restitution liability will occur.Throughout our civil legislation,article 157 of the general provisions of the civil law and article 58 of the contract law stipulate the return of invalid contracts.In essence,the former almost inherited the latter's relevant provisions,and there is not much innovation.In general,some terminology in Article 157 of the “General Privisons of Civil Law” is semantically vague and uncertain.This will undoubtedly affect the return between parties and cause major imbalances between the parties.At the same time,the Article 157 did not respond positively to many problems that existed in the return of invalid contracts,such as the right to repay the necessary expenses of the obligor,the right to defense in the return of the parties,etc.Based on this,this paper analyzes and reviews the return rules of the existing contracts in China in order to find the perfect way to return the rules.Apart from the introduction and conclusion,this paper consists of five parts.Part 1: the legislative inspection of the return property rule after the invalidation of contract.This section consists of two parts.First of all,through the various periods since the reform and opening in China about the property of the invalid contract return rules,in order to understand our country after the contract is invalid return property rules of evolution course,and explore its potential logic and legislators for invalid returned to the internal rules of intention.Secondly,in the second part,the internal logic of article 157 of the general provisions of civil law is analyzed,and the return path is obtained with the return of the property and the compensation as the supplement.Part 2: the semantic interpretation of article 157 of general provisions of civil law.This section analyzes and interprets the ambiguous and irrevocable terms or concepts in Article 157 of the “General Provisions of the Civil Law”(mainly selecting “property”,“necessary return” and “recovery of discount” in the more controversial returned property.Three terms or concepts are analyzed and explained)in order to provide a unified and practical approach to the specific return in judicial practice.Part 3: the insufficiency and response of the return property rule after the invalidation of contract.Because the article 157 of the general provisions of civil law and article 58 of contract law did not stipulate some problems in the restitution process,it resulted in the failure to achieve the legal effect that the legislator hoped to achieve.This part focuses on the adverse effects and the reasons were analyzed,and specific include "general civil law" the 157 th and based on the property law of possession restore relations return beneficial conflict,necessary fees,fees and other related expenses claims the lack of regulation and return card into,and the two sides in the performance of these three aspects,which hopes to be able to find the corresponding solution.Part 4: the overseas investigation and reference of the return rules after the contract is invalid.This section were selected from a nationally representative sample of the DCFR,the new French debt law and Anglo-American law as the research object,and further explore the excellent foreign legislative example about the invalid problem of return the legislation mode of building,how to balance the interests of all parties,and specific operation method,etc.,in the process of return to development,supplement and perfect our country invalid contract return property rules.Part 5: the perfect path and suggestion of returning property rule after invalid contract.This section begins with a macro perspective,that is,the model construction of return rules,and concludes that the construction of the return rules for invalid contracts in China should adopt the French model,that is,the “return” unit should be specifically stipulated in the “Contracts” section of the Civil Code.In order to supplement the defects of Article 157 of the "General Principles of the Civil Law",it shall be used as a quasi-use clause for the refund responsibility arising from improper contracts or other "quasi-contracts".Secondly,this section makes specific legislative proposals from the micro perspective,that is,on the content arrangement of the “return” unit in the “contract” section of the future Civil Code,in the hope of contributing to the improvement of the rules for the return of invalid contracts.