The Influence On Effects Of Contract Arising From The Elements Of Declaration Of Will

Intent-indication is the start of the civil relationship and the core of juridical act. Contract is one of the important juridical acts, intent-indication is also the basic cell of the contract. The validity of contract is an important sphere of contract law. The scholars spent a lot time on the eatabilished conditions and effective conditions of contract, but has scarcely researched the validity of contract in terms of intent-indication. The paper analyzes the elements of intent-indication, and researches the issues in connection with the validity of contract from a new angle.The accepted theory in German civil law is that intent-indication embodies four elements: act-intent, indication-intent, effect-intent and indication-act. Based on the accepted theory, the paper focuses on the relationship between the elements of intent-indication, juridical act and contract, analyzes the effects of the elements of intent-indication by historical and comparative methods, etc. The paper minutely emphasizes the validity of contract on condition that the elements of intent-indication is defective.The paper is divided into three parts:Chapter One deals with the basic theories of structure of intent indication, and the relationship with the validity of contract. First, it makes clear that intent-indication is the origin of validity of contract, and evaluates the validity of contract by its elements. Second, it discusses the different theories of structure of intent indication; Last, it gives an overall description of the relationship between structure of intent indication and validity of contract.Chapter Two discusses the subjective elements of intent indication and the validity of contract. The three subchapters minutely analyze the validity of contract on condition that act-intent, indication-intent and effect-intent are defective. The views of this papers are: the lack of act-intent leads to the unestablished contract; whether the contract will be established under the different shapes of the lack of indication-intent should be considered differently, and the paper does it in detail; except the lack of important elements, the the lack of effect-intent doesn't lead to an unestablished contract, but leads to an invalid or withdrawed contract.Chapter Three discusses the relationship between the objective elements (indication-act) and the validity of contract. First it discusses the two types of defective indication-act, then analyzes the validity of contract on condition that the legal form, appointed form are not adopted or the indication-act hasn't been accomplished. The views of this paper are: if the act hasn't been accomplished, the contract may be established and effective when the parties accomplish the act; the contract is invalid if the legal form hasn't been adopted; the contract still effects when the parties choose anther form instead of appointed form and reach an agreement.