On The Protection Of The Third Party In False Behavior

The first paragraph of Article 146 of “the General Rules of the Civil Law of the People's Republic of China” stipulates that the civil juristic acts by person of civil conduct and counterpart under fake expression of intention are invalid.In the fake expression of intention,the counterpart not only knows and conspires with it,which shows that both parties have no intention of being bound by the false civil juristic act,and it is considered that the invalidity of the act is the recognition and respect for the autonomy of both parties' will,so it is reasonable to limit the invalidity between the person of civil conduct and counterpart.Although the false civil juristic act is agreed by the person of civil conduct and counterpart,it does not mean that the false civil juristic act is absolutely irrelevant to other third parties.On the contrary,the third party,based on its trust in the appearance of false civil juristic act,is easily involved in it and even suffers from the loss of interests.However,the relevant provisions on false civil juristic act in “the General Rules of the Civil Law of the People's Republic of China”do not explicitly stipulate the protection of the third party.What are the reasons for the provision? How to make a reasonable interpretation of the provision? Under the current system,how to realize the protection of the third party in the false civil juristic? This series of problems are worth further study.The article is mainly divided into four chapters.The first chapter sorts out the existing views and practical cases to clarify the research issues and directions;the second chapter analyzes the composition and effectiveness of the false civil juristic act,further leads to the concept of the third person in the false civil juristic act,and expounds the theoretical basis of the third person protection,so as to clarify the legitimacy and necessity of the third person protection in the fake expression of intention.The third chapter combines the civil code of Germany and Japan,as well as the relevant provisions of “civil law” in Taiwan,and adopts comparative analysis research methods to clarify the experience and lessons to be learned in the process of compiling the civil code of China,and to determine the legislative model of the third party protection in false acts;the fourth chapter elaborates the system function and application scope of the acquiring real estate in good faith,combined with the practical cases,this paper puts forward a solution to how to realize the protection of the third party in the field of creditor's rights assignment.It is suggested to introduce the rule that the invalidity of false civil juristic act is not against the third party in the field of the change of special property right,which adopts the doctrine of will,and at the same time,it is clearly stipulated that the system of apparent assignment of creditor's rights and the system of assignment of creditor's rights,and in the assignment of creditor's rights,it is stipulated that the person of civil conduct and counterpart shall not oppose the third party with the invalidity of the false civil juristic act.