Malicious collusion to harm the interests of third parties is one of the statutory reasons for the invalidity of civil legal acts.Article 154 of the Civil Code stipulates the effectiveness of malicious collusion,providing a clear legal basis for adjusting such acts.In application,it should be clarified that the malicious collusion rule in the Civil Code has a unique scope of adjustment and legal effect.This behavior should be treated as relatively invalid and can only be claimed invalid by a specific third party.It is necessary to distinguish between malicious collusion and false civil legal acts.In the event of a conflict between the two,the rules for false civil legal acts can be applied first.It is necessary to distinguish between mali-cious collusion and the creditor's right to revoke.When there is a conflict between the right to revoke and malicious collu-sion,priority should be given to protecting the interests of the creditor exercising the right to revoke.We should distinguish between acts of malicious collusion that harm the interests of third parties,and acts of malicious collusion between agents and counterparties that harm the interests of the principal.The former is an invalid civil legal act in nature,while the latter is a legal act with undetermined effectiveness in nature.Due to the fact that malicious collusion also involves infringement of the interests of third parties,it may also involve the application of the rules of tort liability law.
malicious collusioncivil legal acts with falsecreditor's right to revoke
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