The Research On Legal Acts With Undecided Effect

In 19 century, the most splendid achievements in the modern civil law are the notion and the theory of the legal acts in Germany. Generally, legal acts consist of valid legal acts, invalid legal acts, legal acts with undecided effect and revocable legal acts. As far as the legal acts with undecided effect are concerned, there is only a few of researches on it because that the notion of it does not come from the expressed statutes but from the conclusion of the scholars. In the theatrical field, there are many researches on the common types of it, disposition without rights for instance. However, deep research from the valid point of view on it is few. This paper aims to do this research.The scheme of this paper is as follows:The first chapter describes the legal acts with undecided effect generally. This chapter introduces the definition, characters of it, compares it with the valid legal acts, the invalid legal acts and the revocable legal acts, and states the meaning of it, based on the conclusions and summaries of the classic books.The second chapter is the core of this paper. The author draws my own opinion that the assessment of civil law on the legal acts should not be legality, but the effectiveness so as to meet the demand of the criterion and the control of the complex social life on the premise of the effect and the three classic theories about the resources of the effect of legal acts. In addition, the author states the basis of the assessment of civil law on the legal acts from the legislative point of view. Finally, the author analyzes the systems of the legal acts, makes some amendments and draws the conclusion that the legal act with undecided effect is one of the independent types of the legal acts. The third chapter consists of two parts. The first part states the status of the legal acts with undecided effect in the general provisions of civil law on the basis of German BGB. The legal acts with undecided effect should be regulated in the general provisions in order to instruct the latter legal acts and demonstrate the abstract value of the general provision. The second part describes the different legislations on it from the comparative point of view and gives a historic background of it in China. The author puts forwards my own opinions on the creation of the Chinese Civil Code on the basis of the analysis above-mentioned. This is the value of this paper.The forth chapter states the common types of the legal acts with undecided effect for the deep understanding of it. There are four types: legal acts with the consent of the third part, disposition without rights, agent without rights, and transfer of the debt. There are a large number of researches on these types from different viewpoints. This paper focuses on the basic characteristic of these legal acts------undecided effect of the legal acts.