Juristic Acts,Civil Acts And Civil Juristic Acts

Juristic acts are the superordinate concept abstracted from acts of contract and testament by Pandkten school of thought.It further promoted the formation of the scientific legislative system of the whole-part structure of the civil code.Juristic acts are the tool of autonomy in private law and the effective means of market resource allocation.It also reflects the respect of legislation for the personality and will of civil subjects.German legislators believe that the definition of juristic acts is the matter of practice and academic interpretation,so they have not made a legislative definition of it.However,the effect of juristic act in German Civil Code includes invalidity and revocation,which shows that the code does not require the legality of juristic act.This is also the general attitude of civil codes in continental law countries(regions).Both the Draft Civil Law of the Qing Dynasty and the Civil Code of the Republic of China have special chapter on juristic act and just like the German civil code,there is no legislative definition and no validity requirement.Chapter IV of the General Rule of the Civil Law replaces the concept of juristic act with civil juristic act.According to this law,only legal "juristic acts" are civil juristic acts,while invalid and revocable "juristic acts"are civil acts.The current General Principles of Civil Law abandon the validity requirement of civil juristic act and the concept of civil act.It realizes the return of logic,rationality and science.This paper argues that as long as Chinese civil code adopts the total score structure,it must stipulate the juristic act system.With the help of this system,similar items can be merged to the maximum extent to avoid repeated legislation.However,in view of the abstractness and openness of juristic act and in order to improve transaction and judicial efficiency,it is suggested that legislation should not define it and leave this issue to legal interpretation.Even if the juristic act is defined by legislation,the validity requirement should also be discarded.In addition,compared with the terms of "civil juristic acts" and "juristic acts",the term of "right-establishing acts" embodies the essential characteristic of the concept of juristic acts—right establishment.And it is more in line with the habits of Chinese Language.So,it should be used in future civil code.In view of the existence of more and more cases which have a time gap between the establishment of a contract and the transfer of ownership and in order to improve trading and judicial efficiency,It is suggested that the forthcoming civil code should clearly stipulate the independence of the juristic acts of real right.