False Representation Of Behavioral Problems

The General Principles of Civil Law,which was promulgated in 2017,officially included false representations.False indicates that the behavioral system has been in operation so far,and many problems have still been encountered in judicial practice.The more prominent problems in judicial practice are ambiguous with the scope of application of other systems.The ambiguity of this scope of application is reflected in the scope of application,such as whether the identity relationship is applicable,and also in the intersection of similar behaviors such as malicious collusion.use.The author believes that the false representation of behavior should include identity behavior in the scope of application;in the comparison with malicious collusion behavior,although both have the similarity of "complexation",the specific content of "complexation" is different,malicious collusion behavior The parties involved in the false representations require the subject to be more than two natural persons,or collude with each other to make a loss of meaning to others,or one party has a subjective malicious representation of the meaning and the recipient is unaware;the false meaning indicates "Communicative" means that both parties agree that the legal act does not have the effect of superficial behavior,that is,it does not have the effect meaning.The "malicious collusion" of the malicious collusion is necessary to deceive the third person,and the "conspiracy" only needs Satisfy in fact is concealed.The At the same time,the false legal expression of the legal effect of the act is also a question worthy of further discussion,especially for the third party.German scholars pointed out that false legal acts are invalid because the parties agree that the meaning is invalid.Judging from the principle of autonomy of will,since the parties do not have the true meaning of making their meaning effective,they cannot allow this meaning to take effect.This is in line with the principle of autonomy of will.Some people may think that the false representation of the act is invalid because the false act should not be effective in terms of value judgment,otherwise it will make a false act become a real legal act and produce effectiveness.actually it is a kind of misunderstand.In the field of private law,there are many situations in which false acts are effective,and the law generally does not directly intervene.False representation of invalidity is actually the result of logical judgment,because from the concept of legal behavior,"meaning representation" is its core element,and from the composition of meaning expression,"effect meaning" means indispensable meaning.Factors,and false representations of behavior are precisely the lack of "effects",the parties do not pursue this effect.Therefore,if the true meaning is not established,the meaning expression is invalid,and the meaning is invalid,which leads to invalid legal action.However,although China has established a system of good faith acquisition,representation of agents,representation of representatives,and representation of partnerships,special protection is given to third parties who reasonably trust the appearance of transactions,but it is necessary in the field of legal conduct to stipulate invalidation of false representations.Against a bona fide third party,that is,such invalidity is only between the parties and not for the third party.It is a relative invalidity rather than an absolute invalidity.