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Meaning Of That Analysis

Posted on:2007-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:H Q LiuFull Text:PDF
GTID:2206360185460228Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The declaration of will means party expresses his will outside which intend to set a civil legal relationship. According to the traditional civil theory, it is the necessary condition to an effective declaration of will that the party made a true declaration of will voluntarily. And it is also the requirements of the spirits of will autonomy. However, after the analysis we discover that there are some troubles if we use the criteria of true or false or the criteria of voluntary or involuntary to judge the declaration of will.To use the criteria of true or false to judge the declaration of will we must face these troubles.Firstly, because we can't corroborate the party's inner will, we can't tell the declaration of will is true or false. When we try to discover the party's inner will, we will undoubtedly fall into the paradox of infinite loops. To judge the declaration of will, we should compare the expressing with the inner will. From the language or the behavior we can identify the meaning of expressing directly. However the will is inside, how can we identify it directly? When we identify the inner will indirectly, how can we make sure the subjective will we have known is just the party's inner will itself? To answer to this question, we must find the real inner will and compare it with the one we found before. But how can we know the real inner well is really true? Therefore, we fall into a paradox, and we can tell the declaration of will is true or false ultimately.Secondly, the judgment of true or false to the declaration of will by traditional civil theory doesn't suit anyone of the three main theories of truth. According to three main theories of truth that is the correspondence theory of truth, the pragmatic theory of truth and the coherence theory of truth, if the object which is judged will be true, it must suit a series of...
Keywords/Search Tags:Declaration of will, True and False, Language behavior, Intentional behavior, Voluntary, constraint conditions
PDF Full Text Request
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