On Legal Effect Of Deliuery Made By Illegal

Payment based on illegal juristic acts is an important legal system of obligation law of continental law system, which is come from Roman law's legal maxim, Nullus commodum capere potest de injutia sua propria.(No one can take advantage of his own wrong.)Juristic acts should be void for violating the mandatory provisions or public policy. According to Chinese law, The property acquired as a result of a contract shall be returned after the contract is confirmed to be null and void or has been revoked; where the property can not be returned or the return is unnecessary, it shall be reimbursed at its estimated price. The party at fault shall compensate the other party for losses incurred as a result therefrom. If both parties are at fault, each party shall respectively be liable. If the parties have maliciously conducted collusion to damage the interests of the State, a collective or a third party, the property thus acquired shall be turned over to the State or returned to the collective or the third party.This dissertation consists of four parts, exclusive of the introduction and epilogue. The part of introduction presents the thesis and the approach the dissertation will apply.Though compare the different legal family about the institution of payment based on illegal cause, the second part draw a conclusion that in Anglo-Saxon legal family and continental legal family, the legal effect of payment based on illegal cause is that the juristic act can not be performed through the aid of country, on the other hand, the parties can not be relived by restitution. The socialism countries, however, taking confiscation as a sanction to such juristic act.Part three analyze basic theory of payment based on illegal cause, It mainly introduced the concept of illegality, cause and payment, and the function of the institution of illegal cause through introducing penal theory, denying relief theory and general precaution theory. Illegality refer to the juristic act violating the jus cogens. Cause theory is crystallizing in French law through Roman Law and the Middle age's cannon law and the other crucial concept payment amounts to tender(movable ) and registration. Illegal cause has no counterpart in Chinese law.Part four focus on Chinese law from and historical view and reality. This dissertation holds that Chinese civil law is influenced deeply by Soviet law and treat civil law as public law so that the confiscation is provided in civil law such as PRC's Contract Law. The dissertation also analyze the practical method to adopt the legal rule about illegal contract and how to use the public policy correctly. In the epilogue, this dissertation touched the rules about illegal payment of PRC's Contract Law in detail in order to perfect our country's institution on void and null juristic acts and illegal cause"illegality"in PRC's Contract Law is much narrowed to"Malicious collusion is conducted to damage the interests of the State, a collective or a third party",which should be enlarged. Furthermore, the traditional notion which view the civil law as public law should be abandoned and administrative sanction in civil law should be kicked out. civil law should be kicked out.