On The Civil Fraud

Civil fraud is the unreal declaration of will against the internal spirit of civil law. The similar and easily confused circumstances are coercion, significant misconception, reservation of authentic meaning, the fraud of act for tort and criminal activities of frauds. The specially appointed train of thought of adjusting civil fraud is: maintaining party autonomy, taking if the declaration of will is free and real as the standard of judging the validity of civil act. As to the validity of civil fraud, most legislation of every country adopts the principle of cancellation. In our country, we adopt the stipulation of invalidation and concurrent application of invalidation and cancellation from"General Principles of Civil Law"to"Contract Law". To confirm the action done by fraud can be cancelled is advantageous to protect the benefit of the party being cheated. It is our civil law's value tendency from the present dual regulation to the monism of revocable principle. The stipulations to counterpart fraud and third party fraud made by modern civil law respectively, and the stipulation of canceling the declaration of will because of fraud which can not oppose the third party acting in good faith are worth using for reference when we compile the uniform civil code.