Study Of The Factual Behavior

Factual behaviour is one of the most important civil legal acts, it can cause thehappening of the civil legal relationship, it also can change, eliminate the civil legalrelationship. But in Germany, Japan, Taiwan and China legal act is mainly discussed,factual act is seldom discussed. But the author thinks that it has very important significance,through the study of its basic theory is able to cause the attention of lawmakers someconcrete factual behaviour, which has not yet been prescribed in civil law. Secondly, thefactual behavior research can help establish perfect system of civil action.In the circle of civil law factual behaviour is simply studied, but it has essentialdifference with other legal behavior, it’s different from the natural fact, different from legalbehaviour, also different from the illegal act. Factual behavior is a behavior, based on thebehaviour it has a result which is prescribed by law.Factual behavior is not without any purpose, there is a certain type of it which hasindependent meaning.Without the meaning is unable to complete fact behavior, this type offactual bahavior is similar with legal hehavior, so private law autonomy may not be limitedto law behavior, some cases will also expand to some factual behavior. So the factualbehavior in our civil law should be complemented and perfected.