無効と取消

概要

論文の詳細を見る
The prevailing view in the Civil Law Society of Japan distinguishes `void' and `voidable'. A transaction is said to be void when it has no legal effect. It is null and ineffectual when it goes against the law. On the other hand, a transaction is said to be avoidable when it is valid, but capable of being rescinded by one of the parties. Such transaction can be so cured by confirmation as is completely valid from the beginning. But there are too many exceptions in the statute. I insist that a number of provisions can be explained logically and consistently, provided that void and voidable are synonymous with each other.
2011-03-31