The Application Of Third Person Fraud Contracts

The article 149 of the "General Principles of Civil Law" stipulates that in the event that a civil juristic act is performed by a party against his or her real intention as a result of fraud committed by a third party,the party may request a people’s court or an arbitral institution to revoke such act only under the circumstance that the other party knows or might know about the fraud.In the external form,this provision has been a complete article of law,however,this article is not a clear legal provision with applicable rul es,and the academic community has not reached a consensus on how to understand and apply this provision at this stage.Therefore,there are still legal loopholes that need to be supplemented by authorization.In order to play the guiding role of current l aw in practice,it is essential to supplement and explain this provision carefully.This thesis uses the analytical method of the real example,summarizes the relevant legislative,judicial cases and the research results of academic theory in China,explains the meaning of the article 149 of the "General Principles of Civil Law" from the perspective of explanation.The text of this thesis is divided into six parts.The first part presents the application of the article 149 of the "General Principles of Civil Law" since its promulgation through big data analysis,integrates typical cases in chart form and extracts the existing problems in the application of this provision from the dispute points.Specifically,it includes: unclear judgment criteria for the fraudulent acts of the third party in practice,difficulty in judging the subjective state of the relative party,and unreasonable distribution of the burden of proof of the parties.The above mentioned problems increase the difficulty for the court to determine the third party fraud fact,the fraudulent party is tough to get the court to support its claim to exercise the right of rescission in accordance with article 149 of the "General Principles of Civil Law".As a result,it obviously runs counter to the original intention of constructing the third party fraud legal system,this article should be interpreted to guide the application of civil law in judicial practice.Therefore,the second part uses the method of historical interpretation,value interpretation,teleological interpretation to explain the purpose of the third party fraud system,while expounding the legislative transmutation,the value of the system,the legislative considerations of the third party fraud system,and at the same time demonstrates the necessity of the interpretation the article 149 of the "General Principles of Civil Law".The third part to the fifth part use a variety of interpretation methods,interpret the article 149 of the "General Principles of Civil Law" sentence by sentence,supplemented by practical cases,clarify the composition elements of the third party fraud,the judgment standard of the subjective state of the relative party and the related issues of exercise cancellation right.The sixth part is the suggestions for the improvement of the current law in application procedures and relief methods.On the one hand,the burden of proof can be reasonably distributed to solve the difficulty of proof,on the other hand,aiming at the lack of legal remedy for the third party fraudulent contract in the "General Principles of Civil Law",this thesis explores how the law should provide relief when the contract being effective and the contract being revoked.