Investigation In The Conversion Rules Of Void Juridical Acts

Conversion rules of void juridical acts originated in Roman Law,which have been established in civil law system and even common law system after being transplanted and developed.Nevertheless,in Chinese civil law system,neither concerns from the legislation nor supportive and positive precedents from the jurisdiction other than little academic discussion for conversion rules.Although quite a few jurists advocate setting up abstract conversion rules into the China's civil code,however,both General Provisions of the Civil Law of the People's Republic of China which enacted in 2017 and General Provisons of the Contracts Part in Civil Code of China which plays the role as general principles of debt law,still refuse to adopt them.The reasons for that deserving research,so this thesis will examine the concept,the essence,the legal requirements,the logic,the legal criterion of judgement and operation guidelines of the conversion rules for the purpose of justifying them.In addition,this thesis aims to interpret the connotation and the extension of conversion,rethink the legislative purposes,the applying areas and the features which claimed by those existing relevant papers.Summarizing the predominant doctrine and the controversy in German Law and theories that divided into two main standpoints which separately held by Flume and Larenz.In order to compare these standpoints and analyze the deficiencies of each other,this thesis will investigate their sources,courses of development and structures.And then,justifying conversion rules within the context of Chinese civil law.Firstly,justifying it for legal theory by constructing the spectrum of types to set the bounds and the dogmatical status of conversion simultaneously,and citing some particular precedents where conversion is necessary and sufficient for settling legal disputes appropriately.With this the permissibility and the applicability of conversion proved.It is positiveness.Secondly,challenging it for legislation by examining its feasibility and necessity.It is negation.Finally,justifying conversion rules by bringing forward the ideal pattern of conversion rules according to the actual circumstances in which conversion rules should have played a unique role,and citing the recently development of basic theories in German Law.It is negation of negation.