The Rule Of Restitution Applies When The Contract Is Invalid

Article 157 of the civil code provides for the return of property when the contract is invalid,but the provisions are concise but unclear,and some specific problems in the return process of invalid contracts are omitted,such as how to distinguish the application of the three return rules in Article 157 of the civil code,the application of articles 311 and 157 of the civil code is still controversial in academic circles,the lack of the right to claim relevant expenses of the return obligor The lack of performance defense right in the return of invalid contract property is not considered,which will undoubtedly increase the risks and conflicts between the parties in the return process,which is not conducive to the establishment of an orderly contract transaction order and the imbalance of interests between the parties.In addition,it will add a layer of uncertainty to the judicial practice,and the judge cannot make the judgment most in line with fairness and justice according to the limited rules.Firstly,this paper makes a comprehensive study on the return of property when the contract is invalid from four aspects.Finally,according to the research on different aspects and angles,this paper puts forward some legal suggestions on the return of property when the contract is invalid.The first part of the article makes a comprehensive analysis of a historical evolution path of the property return rule of invalid contract,and understands the evolution route of the property return rule after invalid contract in China,so as to explore the legislator’s internal legislative intention of the property return rule of invalid contract.In addition,this paper analyzes the three specific return rules involved in Article 157 of the civil code,and analyzes how the three rules are applied in practice through cases,so as to find out the shortcomings of the application of the three rules.From the evolution of the return rule,we can see that China’s legislation has always paid attention to the return rule.The analysis of the application of the three rules shows that the provisions of the three rules are not enough to deal with the changeable situation of the current society,and there is a problem of unclear application between the three rules.It is precisely because there are deficiencies in the application of the three return rules to judicial practice that leads to the specific analysis of the application of the return rules to invalid contracts in the second part,trying to find out the way to improve the return rules from the case analysis.The second part of the article selects some typical cases from two different angles to analyze the application of different return rules in practice,so as to find out the ways to improve the return rules.The first angle is to analyze the application of the return rule from the perspective of interest change;The invalid contract under different interest change modes applies different return rules.The second angle is to analyze how to apply the return rule from different types of invalid contracts,and the nature and state of the subject matter of the contract and the subjective attitude of the parties are the focus of analyzing how to apply the return rule.Through the case analysis of the second part,we can solve the problem of unclear application of the three return rules mentioned in the first part.The third part of the article expounds the other three problems existing in the application of the return rules,such as the application of articles 311 and 157 of the civil code,the lack of relevant claim rights of the return obligor and the performance defense in the return of both parties.In addition,combined with the research of academic experts and scholars,the case analysis of the above part and the foreign reference of the fourth part,this paper summarizes the methods to solve the three major problems.The fourth part of the article analyzes the legislation of extraterritorial return rules,mainly analyzes the legislative mode of extraterritorial return rules,and finally finds the most suitable legislative mode of return rules for our country.Combined with the above four parts,this paper puts forward some relevant improvement suggestions.Explore a suitable way to return property when the contract is invalid and in line with the principle of fairness and justice...