According to German civil law theory, the expression of will can be divided into meaning, effect, consciousness and behavior (plus behavior). Scholars in Taiwan Province Province (represented by Wang Zejian) insist on the theory of four elements, which has a great influence on the mainland.
The expression of will means that the actor knows that his behavior has some legal significance. According to the traditional German civil law, the expression made by the actor without expressing consciousness is either not the expression of will at all, or it is invalid although it constitutes the expression of will.
Recently, however, some people think that the subjective consciousness of the actor is not a necessary condition for the expression of will. It seems that the latter view is dominant in mainland China.
Do "expressing behavior" and "expressing intention" in civil law have the same meaning? no
The expression of will refers to the behavior that the actor expresses the internal effect of civil behavior to the outside in a certain way. The constituent elements of meaning expression include: purpose meaning, effect meaning and expression behavior.
Expression behavior refers to the behavior that the actor expresses his inner meaning to the outside world in a certain way, which is enough for the outside world to understand objectively.
I hope it helps you.
In civil law, how to understand the meaning doctrine: the law gives legal effect to the expression of will, which is based on the expression of will of the parties, and the expression of will is just a way to know its meaning. Even if there is expression, its expression itself cannot be the cause of legal effect, so the expression of will that is not based on inner effect is invalid. The essence is based on the inner meaning of the actor. Internal meaning is the source of meaning expression. Without internal meaning, external expression is unfounded, so external expression should be invalidated to safeguard the meaning and interests of thinkers. External performance is just an internal public means or proof method. If there is no internal effect, the external expression is unfounded and should not have legal effect to protect the dreamer.
Expressionism: meaning is not direct, but can only be obtained by means of expression. The expression of will is a sign of expressing external meaning, so it is unnecessary and impossible to explore people's true meaning without expression. In particular, in order to protect the security of transactions, we should not overemphasize the objective value of external behavior, so as to protect those who believe in it and conduct transactions. This view holds that the external performance of the actor should prevail. Because the internal meaning of the actor is not known to outsiders, the effectiveness of the external state created by the expression of the actor should be maintained. The external state can infer the existence of the inner meaning and effective meaning of the ideologist and give it legal effect to protect the trust of the relative person and the security of the transaction. That is, to recognize the effectiveness of the parties' external expression, to recognize the existence of the agreement, and then the contract is established.
In our country, the principle of contract formation is expressionism, and only when the contract is established due to fraud, coercion and other reasons, will it adopt meaningfulism. Only when the parties' expression of will violates the mandatory provisions of laws and administrative regulations and the socialist public interest, it is invalid. This is only based on the mandatory provisions of the law, not on the expression of the will of the parties.
How to understand the meaning of effect, expression and behavior in civil law, it is best to give examples, thank you! 1. Effective meaning, that is, the actor's expression of will that produces specific legal effects according to his own meaning, which is the core of expression of will. The meaning of effect is related to the internal pursuit of the actor and the legal effect that the actor wants to achieve. For example, the lessee has the legal meaning of renting something at a certain rent; The seller has the legal meaning of selling his goods at a fixed price.
2. Expression of will means that the actor realizes that his behavior has some legal significance, such as ordering by mail or canceling the contract by telephone. The main emphasis here is that the actor must not only produce the legal effect he pursues, but also understand the legal significance of the external behavior based on this purpose, which is actually the basic requirement for a "rational person".
3. Behavior meaning, that is, people consciously engage in certain behaviors. For example, a girl nodded shyly and agreed to her boyfriend's proposal, and passers-by raised their hands to greet a taxi. The meaning of behavior requires that the behavior of the actor must be based on the conscious body movements of the actor, not just the appearance of the behavior. This requirement emphasizes the freedom of will of the actor, which emphasizes "whether the expression behavior is voluntarily implemented by the ideologist, that is, whether it is out of the will of the ideologist, and only the expression behavior with behavioral meaning can meet the requirements of autonomy of will before it can be recognized as expression of will".
Does a joke in civil law mean truth? This is definitely not true.
The basis of legal act is the act of expressing will.
The elements of intention expression behavior are internal meaning and external meaning, as well as external expression.
Internal and external meanings are divided into
Show meaning! That's what you want to do in your mind.
Behavioral significance! What kind of legal act do you want to do this, that is, its behavior has civil law significance?
The effect means! You are doing this to achieve what you want to pursue, and what effect? ...
So joking is definitely untrue, only in line with the external expression, not in line with the internal meaning.
Give me a compliment.
What is a civil subject? Also known as the subject of civil law, it refers to people who can participate in civil legal relations, enjoy civil rights and assume civil obligations. It is essentially consistent with the concept of capacity for civil rights. (1) However, in civil activities, the civil subject should not only have the qualification of civil capacity, but also have the corresponding qualification of civil capacity. In addition, the capacity for civil conduct is not fixed, and there are different requirements for civil subjects as they implement different civil acts. Especially in the signed contracts, different contracts have different requirements for the civil capacity of civil subjects. Therefore, whether it is the General Principles of Civil Law or the Contract Law, the corresponding civil capacity of the civil subject is regarded as one of the elements of the civil behavior and the effectiveness of the contract. The qualification defects of contract subjects mentioned in this paper include both civil rights and civil capacity, because they are in civil activities. "Contract Law" has some provisions on the defects of the qualification of the contract subject, that is, the parties lack the ability to conclude contracts, the qualification to conclude contracts on their behalf and the ability to dispose of contracts. In the trial practice, the cases are complicated, and the defects of the contract subject qualification are not only the above, but also change during and after the performance of the contract. Specific performance in the following aspects. 1. In a specific contract, the parties need to have corresponding qualifications. If the parties did not sign the contract, they did, or were cancelled, cancelled or cancelled during or after the performance of the contract. What if they don't get it? The problem here is the influence of the defect that the parties have no administrative license on the contract. 2. In the anonymous agency relationship, when an agent signs a contract with others, the parties need to have corresponding qualifications. What if the headmaster doesn't? What should I do if the agent doesn't have it? The problem here is the influence of the defects of the contract subject on the relativity of the contract. 3. In the serial sales contract, there is no ownership registration procedure for the performance of the first contract, so what is the effectiveness of the second contract? Whether it belongs to betraying others. The question here is whether the right to dispose of untransferred immovable property or movable property that should be registered for transfer belongs to the defect of the civil subject of the latter contract. 4. What is the validity of a contract signed by a party with capacity in the name of a person without contracting qualification? The problem here is how to treat the true intention of the parties and the defects of the contract subject. 5. The signing of the contract is inconsistent with the performance of the contract, and the performance of the contract is a part of the contract. Is it agency or debt participation? The problem here is that there are defects in the performance of the contract subject, and how to deal with them. 6. If the construction contract is invalid in the trial practice, the general treatment is to return it at a discount. However, when the project cost is higher than the project price agreed in the contract, the reasons leading to the invalidation of the contract should be different from the fault of all parties. If the contract is invalid because the contractor does not have the legal qualification grade, the project investment that the employer should return to the contractor should not exceed the contract price. If the contract is invalid because the employer has no qualification grade, the assessment fee shall prevail. The question here is whether there is any difference in discount compensation between the invalid consequences caused by the main defects and those caused by other reasons. In the above cases, there are no defects in the contract subject, but there are defects in the performance process, or there are defects in the performance process. The reasons lie in the legislative provisions, the lack of legal knowledge of the parties, the social and economic development environment and so on. How to understand and solve these problems needs to find out the true meaning of the parties according to the original intention of legislation and the actual situation of the case. It is generally believed that a contract with defects in the subject of the contract is a contract with undetermined effectiveness. The reason is that it does not violate the prohibitive provisions of the law and social public interests, nor does it necessarily violate the true intention of the parties to the contract. Moreover, this defect is not irreparable, and the law allows the relevant obligee to ratify it and make it effective. (2) Legislation is not limited to this. As we know, the business scope is the scope of civil economic activities of legal persons or other organizations with business licenses, the qualifications granted by the state to acquire civil rights and undertake civil obligations, and the capacity for civil rights. A legal person or other organization that goes beyond its business scope is an illegal act in violation of the provisions of the State Administration for Industry and Commerce. However, in order to help modern civil and commercial law promote transactions, increase the value of social wealth and protect the rights and interests of bona fide third parties, China's contract law adopts the principle of ultra vires. Moreover, in Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law, it is clear that a contract concluded by the parties beyond the scope of business shall not be deemed invalid by the people's court unless it violates the provisions of the state restricting business, franchising and laws and administrative regulations prohibiting business. (3) Further, it is a violation of the prohibitive provisions of laws and regulations. If it can be made up, it is still a contract with pending validity, not an invalid contract. For example, Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Contract Law of People's Republic of China (PRC) stipulates: According to the provisions of the second paragraph of Article 44 of the Contract Law, if the laws and administrative regulations stipulate the approval procedures or approval and registration procedures, the contract will take effect, and if the parties fail to go through the approval procedures or approval and registration procedures before the end of the debate in the court of first instance, the people's court shall consider that the contract has not taken effect; . It can be clearly seen from this clause that if it is supplemented, the contract will take effect, and if it is not supplemented, the contract will be invalid. Compensation for invalid contracts and subsidies for contracts with undetermined effectiveness are two different concepts. Compensation for invalid contract is the behavior of the parties to the contract to amend the invalid contract, so as to make the contract effective. (4) The contract is valid after compensation, but invalid before compensation. Compensation is not retroactive. In fact, the compensation made the two sides establish a new contract. However, the subsidy behavior of contracts with undetermined validity is a kind of ratification behavior, which has retrospective effect. This shows that the legislation has adopted a relaxed attitude, respected the true meaning of the parties to the greatest extent, safeguarded the legal binding force of the contract, encouraged transactions and protected the security of transactions.
Words beginning with u mean consciousness.
One of the meanings is: recognize or grasp; ; To perceive (an idea or situation) mentally; It means "intended".
How to understand the meaning of autonomy of will in civil law contains two basic points.
Self-participation means making decisions, judging and choosing by yourself.
Self-responsibility
Autonomous participants are responsible for the results.
Personal views are for reference only.
What is the meaning of civil law? The General Principles of the Civil Law of People's Republic of China (PRC) is a legal provision on some same-sex issues in civil activities in China, and it is a general law in the civil law system. 1986 April 12 was revised and adopted at the fourth session of the Sixth National People's Congress, and will be implemented on June 1987 1 day. * * * Chapter IX, article 156.
The general principles of civil law are the epitome of legal norms and technologies, and their formulation is conducive to the scientific and systematic realization of civil law. On the basis of social experience, the general principles of civil law abstract a large number of proprietary concepts, which will form a unique system of civil law rules and conceptual terms. Subject, legal acts, rights and responsibilities, all of which can ensure that the judicial organs have the proprietary knowledge to adjudicate social disputes and the thinking terms and analytical tools to eliminate external interference, and become an important barrier to ensure judicial independence. At the same time, the systematization and scientification of this rule can also provide standards for the study and application of law and ensure the unity of justice.
Of course, the legislation of the Civil Code is not without controversy. In theory, many problems have not been achieved. In fact, China is in a period of reform and transformation. Once many systems are codified and fixed, they may lead to rigidity. But in any case, the formulation of the general principles of civil law will lay a spiritual and technical foundation for the modern rule of law, and its great significance and far-reaching influence will be immeasurable.