Explanation Of Declaration Of Intention

This dissertation includes three sections as followings: index, main body and conclusion.The index mainly introduces the chosen title's background and meaning ,the intention and method as well as expounding and proving way and structure designing of the writing.There are four chapters in the main body.Chapter 1 introduces the concept of declaration of intention. The declaration of intention is composed of subjective intention and objective declaration . When the declaration of intention is set up, intention and declaration is absolutely necessary and shows no difference. According to declaration method ,the declaration of intention includes expression and silent declaration of intention. According to relative person, it includes declaration of intention of relative person and non-relative person. According to method necessity in law, it includes formal and informal declaration of intention.In chapter 2, declaration of intention is core of legal behavior. If persons' intention freedom does not breach of spirit and stipulation of law, legal relation is valid. Because of the person in declaration of intention is mostly not personnel in a special field, there are flaws in the declaration of intention of the client. When persons have dispute about declaration of intention Judge must express the declaration of intention. Legal behavior is the tool for achieving private law's autonomy .The declaration of intention should respect the meaning of the clients. The declaration of intention needs explanation, but expanding to judicial departments, public law easily intervenes the judicature. It violates judicial spirit.In chapter 3 ,the standard on explanation of declaration of intention has developed to modern general theory step by step from intentionism, expressionism, eclecticism, theory of validity. When declaration of intention is explained, there are many problems such as issue and service of declaration of intention, behavior ability of person of declaration of intention, whether or not declaration of intention should be formal, whether or not it violates public order and excellent custom, automatic declaration of intention.Chapter 4 expounds and proves the rule of explanation of declaration of intention. The explanation of declaration of intention should follow the rule of honesty and consider commercial custom. Because declaration of intention is legal standard, there are flaws in declaration of intention of client, additional explanation of declaration of intention is necessary. By means of supplement, the aim of fairness will be achieved. But additional expression about flaw of declaration of intention can not create new declaration of intention for clients.