| The restitution and liquidation of defective juridical acts are affected by different causes of defective validity. The practice of giving the same treatment to different causes of defective validity needs rethinking. There are both similarities and differences in the restitution and liquidation of different defective juridical acts, which should be considered separately based on specific circumstances. In principle, the duty of restitution and liquidation of a void juridical act is not affected by the subjective state of whether the parties have good faith or not. However, whether the parties have good faith or not, whether juridical acts are with consideration or not, and whether with a counterpart with limited capacity for civil conduct or not, will affect the scope of indemnification of a void juridical act. When a juridical act is revoked, the subjective state of the parties will affect the restitution and liquidation due to different causes of revocation. When a juridical act is determined as having no binding force, the degree of reliance of the party who possesses the received payment needs to be considered in the determination of the restitution and liquidation. In cases where a juridical act is not established, the restitution and liquidation should be handled respectively according to the different right sources of the property possessed by the party with restitution obligation, and there is no need to apply Article 157 of Chinese Civil Code. As for the base date of indemnification, it also varies from case to case due to different defective validity of juridical acts. |
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