Research On False Meaning Expression

The expression of will occupies a very important position in the civil law system,which has a history of more than 100 years.In the expression of intention,the parti es can create a specific legal relationship for their rights and obligations by expressing their inner meaning.In the expression of intention,false expression of intention is an integral part of the defective expression of intention.The inconsistency between the i nternal and external expression of the party’s intention of effect will affect the effectiv eness of the legal act,thus resulting in different legal effects.False declaration of inte ntion is a very important system in civil law of continental law system.Because of it s long history and maturity,it has a good effect in guiding real life cases.In this pa per,the author briefly introduces the meaning and validity of false declaration of inten tion,compares it with other related systems such as game expression,indirect agency,true reservation,trust system and so on.On the basis of the existing theory,the auth or adds his personal opinions.The first part is the introduction,which mainly elaborates the historical origin and development history of false declaration of intention,and points out that false declara tion of intention plays an important role in real life and judicial practice.In the first chapter,the author gives a brief introduction to the basic theory of fal se declaration of intention.Firstly,this paper introduces the concept and components o f false intention expression,briefly analyses its defects in meaning,and then introduce s its similarities and differences with indirect agent,game representation,trust and true intention reservation.Chapter two discusses the legal effect of false declaration of will,and introduces t he regulations of Germany,France and other relevant countries and the Taiwan region on false declaration of intention,and discusses the influence of false declaration of i ntention on the legal effect.As far as the validity of false declaration of will is conc erned,it will not be valid between the parties,and it can not confront the bona fidethird party.There is also a hidden act behind the false declaration of intention and its legal effect is introduced.Chapter three raises and analyses the problems.There are also "malicious collusio n" in the existing law of our country.By analyzing the shortcomings of the existing s ystem,based on our real life and judicial practice,this paper makes an analysis of ou r country’s legislation and judicial practice.Chapter IV analyses the existing system based on the theory of false intention exp ression and the legal provisions of other countries on false intention.It is proposed th at the system of false declaration of will be used instead of malicious collusion,so as to promote the integration of civil legislation with international civil law,and to pro mote the progress of civil legislation in China to better serve the real judicial life.