Expression of will is the core of civil juristic act and the difficulty of civil law, which needs to be studied from five angles: concept, constitutive requirements, expression, effectiveness and interpretation. The expression of will means that thinkers with civil capacity are qualified to express their own effective meaning in external behavior.
The constituent elements of the expression of will include subjective elements and objective elements. Subjective element is the internal meaning of ideographic writing, while objective element is the expressive behavior of ideographic writing. Effect means that the actor hopes to produce a specific legal effect according to his own expression. For example, A wants to obtain the ownership of B's house by signing a house sales contract with B. ..
Meaning of expression of will:
For the expression of will, it is difficult to find a clear conceptual expression in the written law. As a specific legal term, it can only be found in the theoretical explanation. Generally speaking, in German theory, the expression of will is an act of realizing the will aiming at producing some legal effect. Wang Zejian, a scholar in Taiwan Province, China, believes that the expression of will refers to the act of trying to express the meaning with certain effect in private law.
Zheng Yubo described it as: "Expression of will is an act, which expresses the thinker's intention to establish a legal act externally." Among mainland scholars, Mr. Tong Rou believes that the so-called expression of will is the behavior of the actor to express his inner will in a certain way to implement a certain civil legal act.
Therefore, the expression of will is the behavior of the civil subject to express his inner meaning in order to cause specific legal effects. According to Liang Huixing, the so-called expression of will is an act that indicates to the outside world that it intends to produce some legal effect in private law. According to Zhang Junhao's point of view, the expression of will is an act published by a person with appropriate capacity for the purpose of private law effect freely formed by himself.