论恶意串通损害他人利益的合同

Research on Collusive Contract

恶意串通损害国家、集体、第三人利益的合同,不为相对无效的合同,而应区别对待:恶意串通损害国家、集体利益的合同,应为无效合同,并纳入损害社会公共利益的合同之中予以规范;恶意串通损害第三人利益的合同,应分别情形予以处理:或者归入债权人撤销权的范畴,或者适用侵权行为法进行规范,或者赋予第三人撤销权予以调整,并规定较长的除斥期间。

The collusive contracts, which damage the interests of country, collectivity or a third party with malice, are not always in relative nullity and should be respectively handled. The collusive contracts that damage the interests of country or collectivity are supposed to be void, and should be put under the regulations against contracts that violate the public order. The collusive contracts that damage the interests of a third party with malice should be treated differently according to different circumstances. They may fall within the category of creditor＇s withdrawal right. They may be regulated as infringe/nent under tort law. Or they may be adjusted through the withdrawal right endowed to the third person for denouncement within a stipulated long period.