By Civil Law On Declaration Of Intention

The declaration of intention is in the modern Germany legal system core concept, also is the majority legal relationship beginning, and the declaration of intention holds the count for much status in the civil law domain, therefore the research of declaration of intention indicated has the very vital significance.This article altogether includes six parts. In the first part of introduction, draws out the declaration of intention by the legal act to express ---the theory of declaration of intention is the legal act system essence. Two between relations are: The legal act and the declaration of intention may mutually substitute, but two between has the certain difference. The research of the theory of declaration of intention has the vital significance regarding the understanding civil law related theory.In the second part of declaration of intention outline, first the origin and the development which expressed regarding the meaning has made the detailed elaboration that, Saweini is the meaning expression theory first ancestor, and obtained the development in after 19th century. The scholars the concept which expressed regarding the meaning have the many kinds of theories, but the majority scholars all thought: The declaration of intention is refers to the behavior person and causes its innermost feelings for the legal act it to occur the legal effect wish, by certain way expression to exterior behavior. The constitution question expressed which about the meaning also has the many kinds of theories, but the declaration of intention expressed the expression way only has the clear instructions and silently shows two kinds. The declaration of intention is "intention" and "declaration" two parts of constitutions by "the meaning". Two between has the inevitable relation. With the meaning expressed corresponds also has other several concepts, this part expressed if the similar concept on the meaning to make the detailed comparison.In the third part, mainly is compares some national the statute book regarding the meaning expression legislation situation. Emphatically the legislation survey which expressed about the meaning carries on to German Japan France our country as well as our country Taiwan area people statute book and business statute book elaborated and compares. Compared with the conclusion is: "The declaration of intention" is the German people statute book is in sole possession of the concept, and the meaning expressed all holds the very important status in the various countries' statute book.The fourth part is about the declaration of intention potency question elaboration. The declaration of intention potency question is the declaration of intention core content; also in the legislation which expressed about the meaning all has the important status in each country. The most scholars thought that, the declaration of intention potency actually is the meaning expression binding force. The meaning indicated has an effect in a need time process, needs sending out which expressed through the meaning with the meaning to express arrives manifests. The meaning expressed the slight defect is the meaning expressed whether can become effective a key aspect, therefore in detail elaborated the meaning expression slight defect several kind of types in this part.In the fifth part, to the meaning expressed carries on the summary in the trading behavior particularity. In the ordinary circumstances, in he trading behavior meaning indicated is suitable to the civil law general requirement. According to the trading transaction particularity, the particularity which expressed about the meaning mainly manifests in the trading behavior in following two aspects: In trading contract about important contract and pledge particularity and about silence special stipulation.In last the part of conclusions, summarized the research declaration of intention significance, namely the meaning expressed the theory research fundamentally has solved in real life very many problems, on basic has protected litigant's benefit and has maintained the transaction security. Our country declaration of intention theory so far is not very perfect, therefore will.wait for to be unceasing in the next legal science research develops the declaration of intention theory.