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Study On System Of Capacity For Civil Conduct

Posted on:2009-07-11Degree:MasterType:Thesis
Country:ChinaCandidate:Z H LuoFull Text:PDF
GTID:2166360278971385Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
System of Capacity for Civil Conduct is an important civil system. This article is aimed at analyzing the legislative flaw of the present system in our country ,and putting forward the consummation proposals.This article altogether is divided into three chapters. The 1st chapter is the outline, pointing out Capacity for Civil Conduct is the qualification of carrying on the legal action, System of Capacity for Civil Conduct manifests the ideas of freedom and the humanity concern , and there is no leeway suitable for this system in legal person domain. The 2nd chapter is the hard core of this article , analyzing the system's flaws in the typological design and the legal effect system of the legal act carried on by the person with limited capacity in present system in detail . The 3rd chapter is divided into three sections. The first section stressed that system of Capacity for Civil Conduct is in sole possession of the natural person domain. The second section suggests taking the following measures in the consummation of typological design of Capacity for Civil Conduct: Expanding the division standard to enlarge the extent of protection; canceling the system of treating the minors "taking own labor income as the main source of income" as grown-ups; Adopting the method of two classifications of Capacity for Civil Conduct; abolishing the proclamation of the adult's civil capacity to adopt the method of examining every case. The third section proposes how to consummate the legal effect system of legal act carried on by the person with limited capacity, advocating in principle the legal act carried on by the person with limited capacity be recallable and enumerating the types of legal acts which can be carried on by the person with limited capacity as exception in order to rally display the functions of System of Capacity for Civil Conduct and achieve the balance of the benefit of both sides. The legal effect of the unilateral legal act carried on by the persons with limited capacity should also be recallable and the persons with limited capacity can be authorized to take proxy action.
Keywords/Search Tags:Capacity for Civil Conduct, flaw, consummation
PDF Full Text Request
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