Research On Judicial Relief For Third Party Damage Caused By Collusion And False Expression Of Intentio

The expression of collusive and false intention refers to the intentional behavior between the perpetrator and the counterpart,which is knowingly false and occurs within the party concerned and does not have external attributes,and does not belong to the category of infringement.But not being an infringing act does not mean not causing harm to others.In practical situations,when the interests of a third party are significantly implicated in the conduct of the parties,it is often adversely affected by the fact that the act is deemed to be a collusive and false declaration of intent that is invalid.From a systemic perspective,Article 146 of the Civil Code emphasizes not how to restore the state before legal interest damage,but rather a regulation and adjustment of actual behavior,aimed at maintaining a normal social transaction order.However,for a long time,it has been easy to confuse the concept of illegality between the category of legal acts and the category of tort law or administrative law,and people are accustomed to using the perspective of tort to examine collusion and false expression of intent,thereby mistaking the invalidity of legal acts as a punishment.This misunderstanding will introduce the issue of collusion and false expression of intent causing damage to third parties into the scope of tort law.However,although collusion and false expression of intent sometimes exist as a means in acts of infringement,fraud,malicious collusion,etc.,it does not belong to any of them.Through case studies,third parties often rely on the appearance of false rights generated by collusive and false expressions of intent to engage in behavioral interactions with the perpetrator and the counterpart,and form a connection that has economic benefits in one.When the integrity of this economic benefit collapses due to the fact that the actions between the parties are judged to be collusive and fraudulent expressions of intent,the third party inevitably suffers from implicated damages.From the perspective of the mode of generation,the third party in the conspiracy to falsify the expression of intent belongs to the third party arising from the appearance of rights,and can be divided into two categories: "the third party arising from the appearance of the expression of intent" and "the third party arising from the appearance of property rights".Therefore,the issue of the protection of third parties essentially belongs to the issue of the apparent responsibility of rights and the protection of trust.The relief path for third parties should also be explored from the principles of protection of trust and specific norms related to the apparent responsibility system of rights.