A Review On Untrue Declaration Of Will And Its Reconstruction

This article started from some debates aroused from the judicial practice in false real estate transaction trials. Based on a theoretical analysis and empirical study on untrue declaration of will in civil law, as well as an comparative analysis on how continental law system and common law system treat this subject differently, this article proposed how to reconstruct untrue declaration of will in civil law, and suggested how to try false estate transaction cases. The study was a combination of both theoretical analysis and empirical study, and it was from judicial practice and for judicial practice.This article was deviled into four parts. The first part started from two typical false estate transaction cases, and analysed the forms, causes and negative effects of false estate transaction. Meanwhile, this part introduced the difficulties in false estate transaction trials.The second part analysed the elements and validity of untrue declaration of will, which was the grounds of argument of this article. This part included a study on declaration of will and an analysis of untrue declaration of will. We saw that the regulations of untrue declaration of will is not clear enough in our country to tell how to try related cases.The third part introduced how continental law system and common law system treat untrue declaration of will differently. With a comparative vision, this part pointed out the incompleteness and vagueness of the regulations of untrue declaration of will in our country, and proposed how to revise the related regulations.The fourth part refocused on the solution of the questions aroused in the judicial practice in false real estate transaction trials. Under the regulations revised as this article suggested, this part gave an answer to how to try false estate transaction cases properly and effectively.