On The Legal Concept Of Defects Of Declaration Of Intention

The German scholar once pointed out: "the private law, the most important characteristics is the individual autonomy or self development rights." While the legal act is the realization of the autonomy of private law. The most basic feature is "autonomy", namely legal recognition in the field of private law according to own will disposing of personal rights. While the legal activities, in a large part, is composed of a legal act. It is important to study the general theory of legal act.Legal behavior essentially requirements is sound and no defect. Because if the law act can produce the expected consequences, according to the meaning of the parties to arrange their relationship between rights and obligations, and the parties can be able to make independent meaning, which can be legally binding on the parties. If there are defects, such as inner meaning and the external expression inconsistent or meaning not free, they will affect the legal validity of act. So that the meaning of the parties can not reach the expected purpose. At this point, we need the regulations to solve the flaws of declaration of intention. Therefore this paper selects the meaning of this angle to study the legal effect because of defect.The civil law in China, such as the "general principles of civil law" and "contract law" does not take defects of declaration of intention seriously. The type of provisions and remedies are relatively limited. Although our country legislation quotes the theory model of the German law, but improper simplification of corresponding regulations and the lack of logic analysis. So in our existing theoretical framework of defects of declaration of intention, many problems can not be solved. Therefore this paper focuses on the validity of the corresponding legal acts and transformation problems, hoping to cause attention to enhance the understanding of defects of declaration of intention...