exploration of civil malicious collusion（探索民事恶意串通）.doc

Exploration of civil malicious collusion A foreign malicious collusion Research is generally believed that the malicious collusion contract is the original system of our law in the Anglo-American legal system is not the corresponding malicious collusion contract system in China related to the concept of civil law countries the law nor malicious collusion contract the description, only a relatively similar conspires hypocrisy to cover up the illegal purpose of the concept of legitimate form of malicious collusion contract system, but also there is a clear difference. In the United States, Conspirators hypocrisy, said there its clear definition, is refers to the table meaning people with relatively people through seeking rather hypocritical meaning representation. Example, the debtor For exempt property mortgage relative through seeking manufacturing betrayed its financial status of the difference between the effectiveness of malicious collusion with China, illusion. conspires hypocrisy the American jurist Tanglabeike (2008 “the ideographic people with relative conspires while misrepresents said by its intention invalid. but not in invalid a bona fide third party. “It can see the hypocrisy indicates the presence of both parties deliberately conspires conspires with malicious collusion similarities, but the two are not exactly the same. conspires hypocrisy inconsistent with the true intentions of the parties, there is both deliberate intention inconsistent behavior of malicious collusion collusive behavior by the two sides can not necessarily meant and said inconsistencies. conspires hypocrisy invalid is based on the doctrine of meaning considerations, namely its invalid due to the parties lack real effect mean, malicious collusion contract is invalid, refers to the the contract damage the interests of others, the purpose of the contract with illegality. malicious collusion behavior should exhibit malicious, that willful act elements conspires hypocrisy, said t