Research On The Collusion Of False Representation

The introduction of the "General Principles of Civil Law" to the standard of false conspiracy to make up for the blank in the "General Principles of Civil Law",perfect the content of flaws in meaning,correct the neglect of autonomy of meaning in our civil law in the past,and highlight the current civil law system in China At the same time,it has also reduced to a certain extent many disputes caused by the lack of conspiracy and false representation in Chinese law.However,due to the different understandings of the collusion scheme of false representation in the academic and practical circles,there is still controversy in the application of the code’s law.This article starts from the current law,carefully examines the historical sources of conspiracy to express false norms on the basis of combing relevant legal norms in detail,summarizes and summarizes the different understandings of the current legal application of the norms,and analyzes the focus of disputes in judicial decisions.And put forward targeted insights,with a view to providing a way of thinking for conspiracy to falsely express the norms of law application.Excluding the introduction and conclusion,the text is divided into four parts.The first part is a comprehensive review of the situation in China’s law on the conspiracy of false representations,based on the promulgation of the General Principles of the Civil Law.Prior to the promulgation of the General Principles of Civil Law,there was a long-standing alternative application of the conspiracy hypocrisy specification in the judicial practice;after the promulgation of the General Principles of the Civil Law,the introduction of the conspiracy hypocrisy specification made the legal behavior system more scientific and provided judicial practice More practical judgment basis,while ensuring the security and stability of the transaction.The second part analyzes the constituent elements of the collusive false representation specification.Analyze the internal composition of the conspiracy false representation specification from three aspects: the scope of the subject,conspiracy,and false representation,focusing on whether the agents involved fall into the category of the actor,the difference between conspiracy and collusion,and how to identify the actor Focus of controversy such as false representations.In addition,the issue of whether the individual false representation derived from it has legislative value is discussed.The third part is to determine the scope of application of the conspiracy false representation specification.On the basis of the clear intention of the false conspiracy to express the standard of private law autonomy and trust protection,clarify the relationship between the false conspiracy of the conspiracy and the ineffective norms of malicious collusion,the creditor’s right of revocation,the transfer of guarantees,and the act of borrowing names.In order to clarify the system positioning of the norm in Chinese law.According to the classification of legal behavior according to the current law,the standard range of conspiracy false representation is defined from four aspects: single-method legal behavior,bilateral legal behavior,multi-method legal behavior and resolution behavior.The fourth part summarizes the legal effects of conspiracy to express false norms.When there is a hidden act behind a false act,it is necessary to distinguish between the effectiveness of determining the false act and the hidden act.It is self-evident that the false act is invalid.The effectiveness of the hidden act shall be determined according to the legal provisions related to the hidden act;The relatively invalid model of the provisions in the General Principles of the Civil Code will lead to conflicts with the system of good faith acquisition.It may be considered to limit the function of the rule to the field of false transfer of creditor’s rights.In the case of defects,the principle of partial invalidity of legal acts shall be applied.If the invalid part does not affect the effectiveness of other parts,the entire legal act shall not be directly determined as invalid.