Reflections On The Rules Of Fluid Mitigation From The Perspective Of The Civil Code

As the economy continues to prosper and develop,the Civil law of various countries also pay attention to the right of civil subject autonomy.Our country has also begun to reappraise the Fluidity Contract.The Civil Code of the People's Republic of China was officially promulgated on May 26,2020.Articles 401 and428 of the Property Title set new standards for Fluidity Contract.The content of the provision has changed from the prohibition in the past to the current legal consequence.This not only conforms to the current trend of alleviating the invalidity,but also reflects the progress of our country's legislative technology and the maturity of legislative ideas.This article is in the context of implementation of the "Civil Code" to explore the application of Fluidity Contract and further development in commercial activities in the future.Fluidity Contract which named Lex Commissoria originated from Roman law.In the continuous development and application of various countries,Fluidity Contract is formed.This article analyzes its essential connotation from its conception,evolution and development,and its constituent elements.Using the method of comparative research,some Chinese scholars' attitudes towards the effectiveness of Fluidity Contract in the Civil Code are divided into two types: effective theory and invalid theory.Analyzed the different views of domestic and foreign scholars on whether its validity is fully accepted.This article introduces the changes in the legislation basis for Fluidity Contract in our country from the behavioral norms of the Property Law in the past to the adjudication norms of the Civil Code.Alleviating the invalidity of Fluidity Contract has its own actual value,and it directly affects other Atypical security.This article explores the reasons for the alleviating of the invalidity of Fluidity Contract from four perspectives: rationality value,voluntary principle,fairness and efficiency,and market demand.It also analyzes the influence of the legal effect on the effectiveness of other related contract types,including the liquidity contracts in the commercial field that are differentiated from the civil field,the Assignment guarantee,the Sale guarantee and the repayment of debts.After the foregoing analysis,we will comprehensively interpret the effectiveness of Fluidity Contract and other atypical guarantees in the Civil Code,and further analyze the implementation procedures and the liquidation obligations that the parties need to perform.In accordance with the principle of "civil and commercial unity",from the practical perspective of separate legal regulations,establishment of new liquidation methods,and introduction of publicity systems,the formulation of commercial Fluidity Contract has been further alleviated.Amend suggestions to improve the application of Fluidity Contract in civil and commercial activities.