Analysis On Cancelability Of Agreement On Personal Injury Compensation

Autonomy of will is one of the important principles in civil law, and the true declaration of will is one of the necessary conditions to establish a contract on civil and commercial case. As the continuous development of the modern economic society, civil agreement gradually becomes one important approach for people to resolute disputes. However, in real life, defects on declaration of will generally make parties to contract reach an agreement which is contrary to the real meaning of the parties under the circumstance against both parties’ will. At the same, since the subjects participating in the civil activities have a will of high autonomy, the recognition and identification of the truth of such declarations of will in the agreements during the juridical practice has been one of the important factors perplex the adjudicatory personnel. Especially in the cases related to the personal injury compensation disputes, the infringers tend to compromise for reconciliation when reaching the compensation agreement, and reach an agreement with the counterparty under the circumstance against the true will; at the same time, there are some parties requiring to conceal the legal agreement which has been concluded and has been actually performed by the reason of being against the true will, causing a great obstruction to judicial adjudication and determination, While in the juridical practice, for such cases, the principle of protecting "the weak (the injured party)" is often adhered for determination of the truth of the declaration of the will in the agreement, which causes a great obstruction to the balance of the legal interests of both parties to the contract to a great extent as well as becomes the problem perplexing the juridical practice.This paper is composed of introduction, main body, and conclusion, among which, the main body is divided into the following three sections:The first section mainly introduces the specific situations of Amway, and briefly introduces the process of hear, focus of disputes, and the result of trial, to lead up to the main body part of the text.The second section is mainly the legal principle analysis on autonomy of the will, invalidity of the contract, revocable contract of the parties to the contract. And it has conducted theoretical analysis on the concept, features as well as the range and legal effect of invalid contract, revocable contract, paving theoretical basis for the conclusion of the cases in the third section.The third section is mainly the analysis on the cancelability of the compensation agreement in this case. Combing with the social background, declarations of will of both parties to the contract when signing, as well as the theoretical basis analyzed in the above text, to analyze the reasons for which the agreement in this case can be a canceled.This paper makes a comprehensively analysis on the significant impact of true declaration of will to the establishment of the contract by combining the specific cases and on the basis of analyzing specific cases. It has also analyzed the causes of invalid contract, revocable contract combining the principles of law and basic principles. This paper has also expressed the suggestions and opinions of the writer on the determination of the truth of the declaration of will in specific juridical practice based on the jurisprudence analysis and combining the actual cases, wishing to provide theoretical basis and practice model for judgment of the same type cases.