Study At The Implied Declaration In Civil Law

Implied declaration is an integral part of the declaration of intention. The declaration of intention can be classed as express declaration and implied declaration. The implied promise refers to the stituation that people did not directly express their meaning in a civil legal activities, instead, they express it indirectly through a non-verbal expression patterns of behavior. Unlike express declaration, implied declaration expressed in a indirct way, and also this is the most distinctive feature of implied declaration. The other party can not get information from the perpetrator directly, but can judge his or her true meaning through his or her behavior. In our country, the rule of the implied declaration is mainly included in "general principles of the civil law","contract law" and "Inheritance law", it is an evidence of the autonomy of private law and autonomy of will in the civil legal activities and it shows respect to the subject of civil activities. As a result, it meets the requirement of the rapid development of China’s society and the increasingly tend of fast and simple expressment of people.This thesis consists of three parts:the introduction, reasoning and conclusion. The introducton research background, research significance, current research situation, and research method. The reasoning part discuss the implied promise of civil law in China is consisted of four section:Part1focus on discussing the meaning and characteristics of the implied declaration. As implied declaration is one part of expression, the relationship between special and general. So in this research the auther first reviewed the meaning, elements and features of the implied declaration, and then took the implied declaration’s characteristics into account, defined the conception and features of the implied declaration.Part2is the analysis of the interpretation theory about implied declaration. The contents, elements and the standards of interuption were mentioned. In order to confirm the existence of the implied declaration, the interpretation of the conception need take the autonomy of private law, honesty and trust principle into account, and follow the interpretation of the specification.Part3is the classification of implied declaration and the analysis of how to identify the problem. The author focused on two forms of the implied declaration, the tenable implied declaration and silence. In this part the author analyed this question from three aspects:the meaning, characteristics and effection. In the end, made a comparison about the identification of this two forms.Part4is the discussion about the legislation technique and apparence of the implied declaration. From the presumption of legal resoning and legal fiction, the author furture analysed the legislative technique of implied promise in the law of china. Also gave some examples of the implied declaration in our "general principles of the civil law","contract law" and "law of succession".Because of the limited knowledge and research capacity, the study can not involve all contents and details of implied declaration. But as the implied declaration is very important in the civil law of China, through this study, I hope people can have a overall acknlwledgement of the implied declaration.