In The Typical Behavior Of Social Expression

The social typical act theory was expounded by professor Larenz to develop the third type of professor Haupt's theory of contract implied-in-fact. According to these theories, because of the existence of the compulsive contract and the standard form contract, the juristic act might be formed without the declaration of will of the parties in many circumstances. Professor Larenz created a concept of "intention realization", which was distinct from declaration of will, to delimit social typical act as a compromise.Though the professor considered the theory as a settlement to the social typical act, the distinctions between the declaration of will and the "intention realization" are not so clear as what professor took for. Furthermore, the "intention realization" concept conflicts with the current theory of juristic act and the theory of juristic act which was hold by professor himself.What is more is that the problems which professor thought to be settled only by the theory of "intention realization", which means the unclear declaration of will and the inconsistency of the expression and the will, could be settled by the current theory of the declaration of will. The unclear declaration of will should be explained by the theory of the expression manner. And the inconsistency of the expression and the will could be settled by the theory of the flawed declaration of will.This dissertation concludes that the significance of the social typical act is only to simplify the conclusion of the contract. The "intention realization", which professor Larenz thought to be useful, in fact amounts to the declaration of will in the social typical act.