Legal Acts Of The Civil Law Structure: Civil Law And Legislative Interpretation

Rechtgeshafteljunstic acts),which was created by Heise &Hugo,has no counterpart in Anglo-American legal system .It is praised highly in civil law system. J.H. Merryman once said it was the proudest achievement in civil law system .The German Civil Code (BOB ) first made it as an institution in law in 1896. The Japanese Civil Law Code,Civil Code of Republic of China,Korea Civil Code also followed this legislation practice. But some famous jurists such as Zweigert and Koetz argued that it was not a useful tool for a functional method like comparative law. It is not necessary to distinguish between juristic act,declaration of intention and contracts with the offer as a component of the contracts .This dissertation,applying historical method,functionalism and inter-disciplines approach,concentrates on the value of the theory and legislation practice of juristic acts from the perspectives of civil jurisprudence and legislation technology.The Dissertation consists of 8 chapters with a brief conclusion. The first chapter is to outline the core issue of this paper and give the structure and major theoretic approaches to doing this study. Chapter 2 deals with juristic act's complications and developments form Rome law to Germany 's Vernuftlehre in late 18 century. Chapter 3 begins with the definition of juristic act and discusses the relationship between juristic act and "acts "in law. To find how the conception was brought forth,Chapter 3 and chapter 4 try to expound the method of jurisprudence in late 18 century. The ideas of romanticism and rationalist contribute a lot to the jurists who were engaged in finding the common rules of human behavior. The "meaning "of the social life. Romanticism and the Geistwissenshaften focus on "meaning "of social life and the rationalist provided the approach of Systemgedanken (categorical mind )in virtue of the advanced method of science. All voluntary acts in civil society has a common and indispensable factor:Willenserlaerung (declaration of intention ),hence all acts can be conclude in "juristic act ".The following chapter argues that Civil Law can not substitute the principle of private autonomy for freedom of contracts and sets forth the foundation of private autonomy,such as Kantism,civil society .personal knowledge and governmentality .The relationship between the juristic acts and the style of Civil Law falls into the scope of Chapter 5,which also analyze why the norms of contract can not replace the norms of juristic act. The following chapter continues and extends the comparative research deep into and among the various legislation such as in German,Japanese,and common law as well.The last chapter studies the legislation on juristic act in China and put some ideas about how to prescribe the juristic act in the future Civil Law of China .