A Study On The Application Of False Civil Legalacts

Legal act is not only the cornerstone of civil law,but also one of its core concepts.The newly promulgated General provisions of the Civil Law of the people's Republic of China have appeared provisions on the effectiveness of false civil legal acts,but because the expression of this article is relatively simple,there has never been a clear legal provision before that.Therefore,it is still necessary to further study its application.This paper takes the application of false civil legal act as the research object,and studies the identification and consequences of the two acts from the analysis of the specific constituent elements of the false representation behavior and the hidden behavior.First of all,through the analysis and summary of the general situation of the judicial application of false civil legal acts,and combined with the administration of justice In practice,we make a preliminary review on the system of false civil legal act in China,summarize the difficulties existing in the application and the gaps left by the existing regulations,and put forward some key problems such as how to identify the false nature,how to grasp its compatibility,and how to identify the effectiveness of hidden behavior.Secondly,taking the specific practical case as the research object,analyze the constituent elements of false representation behavior,explain the false and collusion issues,further analyze the invalidity and theoretical basis of false representation behavior,and put forward the viewpoint that the false representation should be invalid even after registration.Again,to hide behavior and falserepresentation.In order to make a clear distinction,the constituent elements of hidden behavior are discussed.This paper discusses the rationality of uncertain consequences of hidden behavior,and grasps the effectiveness judgment of hidden behavior in concrete cases.Finally,the author puts forward his own views and opinions on the effect of false civil legal acts on the third party on the current hot issues,although the General provisions of Civil Law do not provide for the effectiveness of the third party.However,the author believes that the principle of not antagonizing bona fide third parties should be determined.At this point,I hope to construct the blueprint of the future false civil legal act system in our country through the discussion in the above parts,in order to form a complete civil legal act system,and then promote the third party in our country.The establishment and perfection of the protection system.