On The Motivation Of The Legal Acts

Motivation is an subjective state of mind towards the other party or the object in the process of juridical act. In most instances it is hidden and is not the the component of the declaration of intention. Although it is not the component of the declaration of intention, it does not mean it has no influence on the validity of juridical act. Based on the consideration of the rules of justice, good faith, l'ordre et la morale and transaction security in civil law, the law gives remedies in the following two situations:First, in the case that there is mistake in the motivation and it has desicive impact on the results of the juridical act; second, if the motivation becomes the reason of the juridical acts and if the motivation is illegal or violates the rule of l'ordre et la morale. There are three parts in the paper,In the first chapter I define the motivation in the context of civil law and explain the reason why its rules should be explored.In the second chapter I introduce the mistake in motivation and analyze unilateral and bilateral mistake in the compatitive law. Then I define the mistake in motivation and its legal effects. At last I analyze the relevant Chinese law.In the third chapter I introduce the illegal motivation and analyze it in the compatitive law. Then I define the illegal motivation in motivation and its legal effects. At last I analyze the relevant Chinese law.