The Study On The Efficacy Conversion Of The Nullity Of Juristic Act

Based on the current judicial pravtice,the conversion of inefficient juristic behavior has been used to judicial adjudication and formulate the judicial interpertation.Due to the lack of the specific key componet of the conversion theory,the judicators couldnot correctly judge the related cases,which leads to the multiple judicial patterns and different sentence in the similar cases.Considering the advantages of the conversion theory,it could remedy the defects of the invalid legal act system,provide guarantee of rights and interests for market players,and promote the efficiency of our market trnsaction.Therefore,it is quite feasible and practical to analyze the system of the efficacy conversion of the nullity of juristic act.The conversion of inefficient juristic behavior system originated from Roman law,civil law countries generally established the system in legislation,the Anglo-American law countries also recognize the effect of conversion in practice.In theory,it includes legal conversion and interpretation of the conversion.The system values of the efficacy conversion of the nullity of juristic act includes according with the principle of autonomy of will,the principle of equity and the principle of encouraging exchange.Not all the invalid legal acts can be applied in the efficacy conversion.The partially invalid legal acts can be applied in the efficacy conversion if there isn't an unbreakable link between its invalid part and the valid part.Due to the thought of eliminating the juristic act,the efficacy conversion system cannot be applied in the juristic act,which efficacy is voidable or to be determined.There are three constituent elements in the efficacy conversion of the nullity of juristic act.The first one is the independent invalid juristic act,which is already set up and be identified as invalid.The second one is the vicarious legal act,originating from the invalid legal act and being already valid.The last one is the presumed expression of intent of the party,which consists of the intention of efficacy conversion,the intention of the vicarious legal act and the intention of achieving the aim of the legal act.