The Determination And Judicial Application Of False Representations

In the general provisions of the civil law,which has been formally implemented,it is established for the first time that the false expression of intention is invalid,and the false civil juristic ACTS shall be dealt with in accordance with the relevant provisions.The formulation of false representation behavior is of great significance as it improves the relevant legislative blank.However,because it is a newly introduced legal norm,there are some identification and application problems,such as the determination of false behavior and concealment behavior;the subsequent legal effect;how to clarify the collusion between false behavior and malicious behavior,and cover the illegality in a legal form The relationship between the purpose;the determination of the bona fide third party;how to perfect the " against a bona fide third party " rule and other issues should be analyzed and discussed.This paper takes two typical cases of the supreme people's court as the starting point,focuses on the aforementioned issues,conducts legal analysis with the combination of the cases,and finally puts forward some judicial Suggestions on the application of the legislative proposal on "shall not oppose a bona fide third party" and similar concepts.