Right Form The Basic Theoretical Research

Civil law endows certain civil subject with the right of formation, in order that the party can decide whether to change the legal relation by themselves, and if he or she wants to make the change, he or she expresses unilateral will, then the change would be in effect right away. The opposite party would be forced to accept the consequences of this change, without his or her consent or involved in certain behaviors. The right of formation is a peculiar law systerm in Germany in the continental law system, which is also the result of the development of PanDeKten Law The essence of the right of formation is power, or to be exact, it is a concept based on the approval of the right of "Mana said". Through analyzing the relation between the right of formation and the local autonomy and investigating economic reasons for the existence of the right of formation, it is not hard for us to find that the core of the right of formation rests in the intervention of the force. The right of formation is the power performed by the actor through unilateral action in accordance with the law to force the opposite parties to change the possible power of law behaviors.Compared with its traditional definition, it can mor deeply reflect the unique character of the right of formation. As far as the constitution of the right of formation is concerned; it is can be regarded as the combination of rights of the self relief and the compliance of opposite parties. acutally, the right of formation is also one kind of the power, and as to the just claim for the procedural right of formation, it is nothing but for procedural problem.