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Conspiracy Of Hypocrisy Indicates The Application Of The Behavior System

Posted on:2020-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2436330578475022Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The latest general principles of civil law which been issued in 2017 stipulate conspiracy hypocritical act,and it is the first time be issued in law of china.conspiracy hypocritical act and hidden behavior emerged in a large number of forms.In the view of comparative law,there have many countries have legislated collusion hypocritical behavior.Although the conspiracy hypocritical act and hidden behavior have been issued,current research results in China are not particularly sufficient,and there are still some applicable problems in the practical application.By means of comparative study,case study and historical study,I intend to introduce the application of the code of conspiracy hypocritical act.This paper is divided into four parts.Firstly,this paper analyzes the concept and legal nature of conspiracy hypocritical act,and introduces the concept,characteristics,applicable scope,constitutive elements and similar legal concepts of hypocritical act.Secondly,from the perspective of comparative law,this paper analyzes the provisions of some foreign countries or regions on conspiracy hypocritical act,and summarizes the enlightenment they brought to China.Thirdly,the paper analyzes the effectiveness of hypocritical act between the parties and the third party,as well as the validity of hidden behavior,and suggests that China should clearly stipulate the invalidity should not be against the goodwill of concerned third party.Finally,I summarize several questions of the application of the code of article 146 of civil law.Malicious collusion behavior and evasion of law behavior are familiar with hypocritical act.I compared their relationship and put forward solutions to these problems through demonstration.I also analyze the validity of hypocritical marriages.
Keywords/Search Tags:conspiracy hypocritical act, hidden behavior, good will third person, malicious collusion, evasion of law
PDF Full Text Request
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