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China And France Motives Error Research

Posted on:2012-09-16Degree:MasterType:Thesis
Country:ChinaCandidate:S GongFull Text:PDF
GTID:2206330338493076Subject:Professional Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Civil law as the law of civil society has undergone a long historical development and evolution. In this historical evolution of the process, from the obligation-based Civil Rights Act became law based, in fact, Des Moines is also the so-called "from status to contract " the process of social movements. Since modem times, freedom of private law subjects eventually established a private law based on the idea the highest guiding principle - the principle of private autonomy, or autonomy principle. This principle as the name suggests, is refers to subject on the basis of the independent legal relationship will form the principle. That is the parties may depend on their personal freedom to form and shaping the legal relationships between with others, thus realize his life's autonomy. As a famous German jurist, Dieter ? Medicus said, "the autonomy of the tool is a legal act, it is by legal acts, the body will be able to follow their own desires to form and shape and legal relationships between others."Legal act theory is indeed the thought outcome being that Germany follows altitude conceptualization, extremely as abstract as possible capability of summarizing , motivation means that the error is an error in the most difficult problems and issues involved in motivation many mistakes, like motivation and errors of depth Research, need a very solid theoretical foundation. Based on individual ability, time and space constraints, this is not possible to make the issue of motivation error full and in-depth research, and use of historical research, comparative study and logical analysis and other research methods, and aims at motivation error and the main problems discussed, through the history of motivation errors, grasp the historical development; through the motivation of comparative law review, the error to understand its current development status. Demonstration orderliness putting into practice in the process of style or manner of writing along history—reality, theory– practical demonstration road, longitudinal and lateral examination investigation, based on the analysis of relief principle, motivation wrong thinking motivation wrong relief road, then explores a method to solve the motive error direction.
Keywords/Search Tags:Motivation, Expression of intention mistake, Motivation mistake, Content mistake, Civil Code
PDF Full Text Request
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