Research On Validity Of Contract Signed Under Fraud Of The Third Person

The theory holds that the contract concluded by the ideographer with the relative party due to the fraud of the third party cannot be revoked.In order to safeguard the transaction security and the trust interests of the counterpart,however,there are a large number of cases in which the counterpart is aware of the fraud of the third party.At this time,the relative party is not a counterpart.Under the civil law,the third party in the third party ' s fraud can be applied to the specific judicial practice.The third party ' s contract has its effectiveness pattern derived from the conflict of interest and the choice of value behind it.Through inductive analysis,value analysis,comparative analysis and case analysis,this paper analyzes the problems that should be paid attention to in the third party fraud contract.The first part of this paper leads to the problems caused by the case of the third party fraud through the typical cases.The second part defines the scope of the thirdparty fraud to determine which third party is the third person in the judicial practice.In the third part,the author puts forward several kinds of contract validity models about the third party fraud affecting the validity of the contract,and analyzes the conflicts of interest behind these kinds of effectiveness models.Fourth Part is the value analysis of the contract validity of the third party fraud and article149 of the General principles of Civil Law.