A Study On The Kinds Of Misrepresentation

In the civil law codes of continental law family, misrepresentation just means 'untrue representation or statement according to the content of two parties' that seems to be much narrowly restricted. But such a representation has the same meaning as untrue representation, the system of misrepresentation nowadays cannot tell all the kinds of untrue representation and all the legal acts that are consisted of untrue representation. It becomes an obstacle to the legislation of the chapter of legal acts of the civil code of China.This dissertation is based on the study of the better side of the system of misrepresentation of the two main legal families and suggested that misrepresentation should be subdivided into five kinds which are one-party misrepresentation, joint misrepresentation, fraudulent misrepresentation, negligent misrepresentation, innocent misrepresentation . And in this article, I pointed out shortcomings of the civil law of our country and the civil law families and the theoretical and practical meaning of the added kinds of misrepresentation.This dissertation is consisted of six parts which are,Firstly, introduction. It pointed out the main target and meaning of writing this article. It is to extend the kinds of misrepresentation from one kind to five kinds to better our legislation of representation which was on the base of the study of misrepresentation.Secondly, the extention of the kinds of misrepresentation. At first I told the meaning and the kinds of misrepresentation in the two legal families, then ascertained the kinds of misrepresentation in this article, finally I told the meaning of doing this job.Thirdly, to have a further study on one-party misrepresentation and joint misrepresentation. I began with pointing out that one-party misrepresentation should be added to the further legislation, then had a different and new viewpoint of joint misrepresentation based on the theories and legislation that we already had.Fourthly, fraud should be one kind of misrepresentation based on the thought of it's stage of constitution and the view from a different direction. The meaning of it was also carefully studied.Fifthly, negligent misrepresentation and innocent misrepresentation should be added to the future legislation of China. Because they were derived from the English-American law, the birth and development of them were introduced precisely. And how to learn from it by us was always the weight of this part.Finally, summary. The author had a brief summary of all the parts above and pointed out the meaning of this thesis.