Study on Civil Law Doctrine from to Polying to Simplication
December 06, 2023 10:18 Source: "China Social Sciences" December 6, 2023 Issue 2788 Author: Feng Jieyu

 

1964,Famous Civil Law scientist Flumme, Germany, published a monograph called "Legal Behavior Theory",It is still worshiped as a Gui by the German civil law community。2021 after 50 years,Professor Yang Daxiong published the monograph of the same name "Legal Behavior" in China,It has a profound influence in the civil law community。From the academic context,Research on legal acts in the civil law community in my country,Enlightenment Yu Rui Mu's "All of the theory of Civil Law Behavior"。After that,Dong Ansheng's "Civil Legal Behavior" continued to conduct a special study of civil legal acts。and then,Tian Shiyong、Zhao Jitao、Zhu Qingyu and other scholars gradually shift to the study of the lower system of legal behavior,Such as property rights、Explanation of meaning, etc.。And this book once again turned the research perspective back to the legal behavior system itself。Overall look at,This book is on the system and content,"。

To Jane,The system and content reflected in this book have clear main lines。Expand this book,Taking bet365 live casino games legal behavior as a clue,Roughly divided into overview、Establishment and effectiveness of the expression of meaning、The establishment and effectiveness of legal behavior。

Chapter 1 to 2 discusses the value foundation and system positioning of legal behavior,Especially the value base part provides value benchmark for the exposition of the specific system after this book。Chapter III to 4 discusses the establishment and effectiveness of the meaning system of the meaning of the establishment of a legal act。Explanation is the core element of legal behavior,It is also the establishment element of legal acts,Only after the meaning of the intention is established and effective,Only to consider whether the legal act is established。Chapter 5 to 7 discusses the establishment of legal acts、The ownership (proxy) of effectiveness and legal behavior。Express the same meaning,Legal behavior can also be divided into two stages: establishment and effectiveness。other,Legal behavior can not only be made by the parties,It can also be made by the agent,Then belong to me,So,The issue of belonging of legal behavior is also one of the targets of this book's focus。Comparison of comparison,The "Legal Behavior Theory" by Flumi Bet365 app download is not so obvious for the distinction between the expression and legal behavior,Its book first discusses the two cases of legal behavior that violations and invalidation,Then discuss the effectiveness of the effectiveness of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning of the meaning.。Logically,,If there is a defect for the existence of the existence of the meaning of the meaning,So legal behavior is not established,Naturally, it is not necessary to discuss whether it is invalid due to illegal or vulgar。

other,This clarity is also reflected in content,This book specifies the value foundation of the legal behavior system in the first part.,Supplemented by trust responsibility,And point out that the study of traditional legal behavior law ignores the function of trust responsibility。In the subsequent expansion,You can clearly see,Whether it is the constituent element of the intention,Still the processing of the acting behavior,The author tries to be based on trust responsibility,Reconstruction the existing theory。

Zhiman,reflected in the content of this book detailed、Complete。This book is an introduction to the full picture of the legal behavior system,At the same time, it also introduces the latest results of bet365 Play online games Sino,Completed the theory in a comprehensive and systematic system,Popularity。

Explanation as an example with meaning,For this question,Sino -German scholars are quite controversial,Roughly formed a dual theory that coexishes the subject and objective interpretation of German law, and the Chinese scholar Ye Jinqiang is represented by、One theory with the standard of rational people as the sole explanation scheme。In this book, inherit the traditional German dual theory,Detailed introduction of German meaning explanation interpretation of the doctrine of the theory of the theory of dual theory transition from the subjective interpretation;,Point out in the contract explanation,This scheme cannot cover an exception that needs to be based on subjective interpretation as a standard,Therefore, it is impossible to completely eliminate the dual structure。

Based on the binary theory,This book also introduces the results of the theory of explanation theory in Germany in recent years,That is the objective angle theory proposed by Glaina。Graner thinks,The so -called objective explanation,From the perspective of law history,Refers to the understanding of the opposite person in the specific transaction bet365 Play online games situation,instead of the understanding of pure and objective rational people。The advantage of the saying is that the objective explanation and return to the private autonomy of the parties。But this book does not blindly follow the scholar's point of view,but keenly pointed out,It should be said that there is no practical significance in theory。Last,This book points out,Explanation explanation needs to be raised as much as possible,But in the case of exception,According to the availability of the desireful person,You can adopt the standard of objectiveization。So one here,This book adopts a discount,absorbed the strengths of a variety of theories,Formed three levels of interpretation rules,That is, when the parties can reach a common consent,Subjective interpretation is preferred; when the parties have not reached a common commendation,,Paid portable interpretation;,At this time, the standard of Chinese context reconstruction in my country is absorbed,Customized Calculator Standards。

After complex,This book also reveals how the research of civil law studies from to complexity to simplification。Although this book's exposition on the specific system of legal acts is extremely detailed,It reflects the bet365 live casino games characteristics of fine the teachings of the doctrine,But from the principle behind the system,The fineness of the system is the principle of the principle。This book is introduced in the introduction of the interpretation of the meaning of the meaning,Pay particular attention to revealing the value basis behind the doctrine。What kind of perspective of the explanation of the meaning of the meaning,The final consideration is the relationship between autonomy and other governance。The difference between different theories is also due。This is also back to the question raised in Chapter 1 of this book,Is there only one principle of legal and behavioral system。The interpretation scheme proposed by the author,It is reflected in the discount between the two principles of private law and trust protection。

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