Research On The False Declaration Of Intention

The pretended transaction originated from Germany,which belongs to the defects of intention.The connotation of the pretended transaction is usually confused with the conspiracy hypocritical act.The pretended transaction should not be limited to conspiracy.Before the promulgation of the General Principles of Civil Law,almost all civil scholars have made legislative proposals on the pretended transaction.The rules of mental reservation are not involved in the General Principles of Civil Law,which is contrary to the most legislative proposals.In order to maintain the integrity of the system of inconsistency of intention,it is necessary to specify the mental reservation in the civil code.Article 146,paragraph 1,of the General Principles of Civil Law stipulates that the conspiracy hypocritical act is void,which should be absolutely void and bind against bona fide third parties.The conspiracy hypocritical act must have two participants,can be applied by both identity act and property act,but should exclude absolute expressionist legal acts.Due to the real right formalism in China,the General Principles of Civil Law have no general provisions for protecting bona fide third parties.