无效是合同转换的先决条件

Dražen Mijanović
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引用次数: 0

摘要

尽管自1978年以来,同性婚姻就得到了法律的承认,但这种转变(迟)。契约的转换(转换)是国内理论界尚未引起重视的问题之一。在涵盖民法一般部分的教科书中,以及用于教授义务法的教科书中,除了某些例外,这一机构的介绍相当简短——通常,除了法律定义之外,我们只找到适用领域和转换的例子。我们找不到关于皈依的专著。另一方面,在以德语和意大利语为主的外国文学中,我们发现了大量关于转换主题的专著。本文的主题是规定合同转换的规范的一部分,即合同的无效,这是该制度适用的先决条件。转换的适用范围似乎是精确而明确的,特别是考虑到文本和规范在《合同与侵权行为法》中的地位,在本文中我们将看到情况是否确实如此。在寻找答案的过程中,我们也运用了比较法的方法。审议了转换的适用领域- -我们不仅限于无效合同,而且考虑了将其适用于不存在的、无效的、可撤销的合同的可能性,然后是部分无效的合同,以及有效的合同。在无效合同中,特别注意那些非法和不道德的合同,在不存在的合同中-模拟合同。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Nullity as a prerequisite of contract conversion
Although it has been legally recognized since 1978, the conversion (lat. Conversio - conversion) of contracts is one of the institutes to which no deserved attention has been paid in domestic theory. In textbooks that cover the general part of civil law, and those used for teaching the law of obligations, this institute is, with certain exceptions, presented rather briefly - usually, beside the legal definition, we find only the field of application and examples of conversion. We were unable to find monographs on the subject of conversion. On the other hand, in foreign literature, mostly German and Italian, we find a large number of monographs on the topic of conversion. The subject of this paper is one part of the norm that prescribes the conversion of a contract, and that is the nullity of a contract, which is provided as a precondition for the application of the institute. The scope of application of conversion seems to be precisely and clearly defined, especially having in mind the text and the place of the norm within the Law Contracts and Torts, and in this paper we will see if that is actually the case. In the search for the answer, we also used the comparative legal method. The area of application of conversion was considered - and we did not limit ourselves only to null and void contracts, but we considered the possibility of its application to non-existent, null and void, voidable contracts, then to partially null and void contracts, but also to valid contracts. Within null and void contracts, special attention is paid to those illegal and immoral, and within non-existent ones - to a simulated contract.
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