Study On Declaration Of Intention's Constitution Of Silence

According to the form of declaration of intention,there are expression and implication declaration of intention.Expression declaration of intention is so unambiguous that offeree can understand the intention which the ideographic wants to express his intention by direct ways.Implication declaration of intention includes Silence declaration of intention.There is no language and word in silence,which is pure omission.In general,silence is not deemed to be declaration of intention.Because silence is just the ideographic's intention without explicit expression,therefore nobody knows what the ideographic wants to express.This thesis starts with the basic category of declaration of intention.Then I study the basic category of silence declaration of intention.According to article 140 of the General Principles Civil Law of the People's Republic of China;Silence can only be regarded as declaration of intention if it is stipulated by law,agreed by the parties or conforms to the trading habits between the parties.In judicial practice,in addition to the above three situations,there are special cases in which the provisions directly applicable can not be found in law.The judicial practitioners in our country,on the basis of drawing lessons from the foreign system and combining with the principles of civil law,explain silence declaration of intention,so as to promote the development of the silence declaration of intention.I studied the system of silence declaration of intention in other countries and scholar's opinions,and combed the research of silence declaration of intention in our country,I look forward to have a framework understanding of silence declaration of intention in civil law.