【摘要】 欺诈为意思表示瑕疵之一种,由欺诈故意、欺诈行为及欺诈行为——错误判断——意思表示之因果链共存构成。欺诈的法律后果,我国民法通则规定为无效,但合同法的相关规定赋予其可撤销的效力,由是可以更加体现意思自治、更好地保障受欺诈人利益的。欺诈行为同时构成侵害受欺诈者精神自由权的侵权行为,侵权行为的赔偿请求权与撤销权之间发生责任聚合。更多还原

【Abstract】 As a kind of the qualification of the express of will, fraud is acnstituted by the fraud intention, the fraud conduct and the relation both between the frand conduct and the wrong judgement and between theworng judgement and the express of will.The legal effect of fraud is invalid according to the General Princi-ple of Civil Law. While according to Chinese Contract Law, it is abolishable so that the rights of the deceivedpersen can be protected and the autcnomy of will can be manifested. Fraud is also a kind of tort, and the de-ceiled person may have the right of claiming for damages.更多还原