Research On The Reservation Of Intention

The reservation of intention is the case which the intention is inconsistent with the expression on purpose. Germany, Japan, Taiwan of China and other countries or regions are reserved for the true meaning of its potency after being made to see through. the provisions of the existing provisions of the Civil Code does not have relevant rules. Legislative gaps, leading to the true meaning of the referee to retain the case may be biased in practice; lack of theoretical research, is not conducive to aid interpretation of the true meaning of retained legal acts. The argument focus of the paper is to compare the rule of the real reservation,point out the difference among them and then make trade-offs.Meanwhile,the paper intend to interpret the validity of the real reservation by potency say and responsibility principle put forward by Larenz,which can provide a reasonable interpretation for the validity of real reservation. Retention rules should appear in the true meaning of the Future Civil among the true meaning strengthen the research. It helps retain the full meaning of that theory and realize the true meaning of reserved legislative norms.In addition to the introduction and conclusion, this paper is divided into four parts:The first part, the true meaning of the basic theory is reserved. First, we can know the true meaning of the meaning of that reservations.legal action is the tool to achieve private autonomy. part of the legal meaning of that act, the true meaning of the case to retain part of the meaning and representation deliberately inconsistent; secondly, introduce the concept of the true meaning and retain Elements; final the real intention to retain and joking said conspires false representation, fraud, errors were compared to a better understanding of the true meaning of reservations.The second part of the history and reality of the true meaning of retention. First, both vertical and horizontal angles understanding the true meaning of reservations, Roman law has been discussed about the true meaning of reservations, but probably in the period of canon law, the facts about the true meaning of the provisions of the transaction to retain institutionalized; just keep the true meaning of the provisions in the mode of Pandekten among the Civil Code, is Pandekten system code in the form of a rational product. Secondly, the introduction of legislation to retain the true meaning of civil code, and a comparative study, noted, depending on national legislation to protect the interests and other values, a total of three different, that is, whether the provisions of banter alone represent; asking the relative who "should have known" to judge the true meaning whether "see through" reservations; whether the provisions were retained when the true meaning of "see through" the protection of bona fide third parties. On this basis, three different reasons explained above and which mode is more reasonable.The third part, the legal effect of the true meaning of reservations. First, the angle formed intention to clarify the meaning of the true meaning of the lack of effect is still retain meaning that in order to explain its intention to lay the foundation; secondly, When it comes to the explanation of the effect of the reservation of intention, willenstheorie,declaration theory and the compromise of the two,have weaknesses like unbalance in the interests protection or be difficult to self-sufficiency, are not perfectly explain the true meaning of validity of reservations;effect theory and responsibility principle can provide a relatively perfect solution; Third, pointing out the true meaning of the rules applicable to retain potency exception.The fourth part, the true meaning of the rules of legislative proposals to retain our future Civil Code. First, to explore the value of the true meaning of the legislative reserved clarify its provisions in the Civil Code of necessity among; secondly, the current draft of the Civil Code and scholars have suggested that the true meaning of draft provisions retained search and review; and finally, in a choice of key issues on the basis of legislative proposals to retain the true meaning of the Civil Code rules.