Civil Law System Of Conduct Legal Research

The system of civil legal act is a basic content of the civil theory. It is the joint of three main system of the owner of rights, the rights of property and the rights of debts. It has been thought as the brilliant achievement of the German Civil Law, and has influenced the civil laws heavily in the counties of the Code Law System. However, there are not only many logical contradicts in the system of civil legal act embedded in the legislation of China, but also is it not in accordance with the traditional civil law theory. So it has caused many unnecessary conflicts and has brought many barricades to the function of the system of civil legal act. Therefore, we must restructure the theory of the system of civil legal act in China to bring back its "original figure " . This dissertation proceeds from the macroscopic to the microscopic, refinding the core part that is ,thenature of the civil law system - of which is the most controversial questions, on the basis ofcombing its root. Then, the author concludes that the nature of the civil legal act is the declaration of intent not the legality which is legislated in the Priviples of Civil Law. From that, both as for the nature of the civil legal act and as for from the its creation and its development, the civil legal act is the same as legal act, and the legal act is sole in the civil law domain. So we should throw off the concept of " civil act "which is created in "the Principles of Civil Law". The last, we should throw off the practices of which the establishing and the effectuating are regarded as the same, restructure the system of Civil Law act in China. We should differentiate the conditions of establishing and the conditions of effectuating, and differentiate the valid civil law act, the invalid civil law act, the revocable civil law act, the civil law that is pending and other kinds of civil law act.