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The Research On The Expressing Theory

Posted on:2005-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y H LiuFull Text:PDF
GTID:2156360152470822Subject:Law
Abstract/Summary:PDF Full Text Request
Expressing theory is the more important theory in the continental law system, based on this theory, historicalschool lawyers respesentive of Saweini have set up theirs legal behavior doctrines and its relative system, which consist of the great discovery to the tradition of the continental law system. The establishment of the scientific express theory contributes to the reconstruction the scientific legal behavior system, meets the requirements to the variety and development of the legal behavior reconstructed from the high accelerated development of our modern society ,perfects the civil law system,\directs the special litigation and judicial to the law dead ,and it is of great theoretical and practical importance to study and research civil law.The expressing consist of different elements from the different angle of private and public interest. By the private interest, the expressing should include effective meaning ,behavior meaning, expressing and expressing behavior, but in order to protect the social exchanging safety and third interest. any expressing behavior is meaning , we should only consider the expressing person's expressing . In the modern continental country, all adopt the compromise expressing theory to establish the expressing theory and its system as well.On the basis of view of compromise expressing ,the effective expressing will come true if its content is sure ,possible and just ,its Subject issuitable ,and the meaning of expressing is understood by others. In the normal these elements are included in it ,but sometimes some of them miss..the effect will be influenced if only one of these elements is lacked .Except the effective elements, the effecting time, attachment will influenced it when to be effective or whether it is effective .The interpreting of expressing be a important role about the effective content of expressing.Chinese civil Law inherited the core contents of the common law theory of expressing ,and try to develop with the combination of Chinese state condition. But the structure of the expressing has no explicit value trend, the expressing is very ambiguous, the regulation of the expressing theory has so many places which is unscientific and incomplete China should based on the common law ; toward the different value and substance between the civil law and the commercial law, and construct a scientific and complete expressing theory, regulate the element of the expressing theory completely. It also should summarize and complete civil law.The following text take the effect of expressing as the main string ,and analyze the structure element of the expressing ,effective element and so on .it study the different regulation of the civil law from the perspective of the comparative law ,and make a comparison between the Chinese civil law and the real condition of china, as well as propound a concrete solution of how to apply and develop the expressing theory during the cross period of inheritance and development.
Keywords/Search Tags:Expressing theory, legal behavior, expressing party, legal effect
PDF Full Text Request
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