On The Meaning Expression Of Announcement Form

After the expression of intention becomes effective,not only the ideotor shall be bound by it,but also the counterpart may have the effect of the establishment,alteration and elimination of rights due to the effect of the expression of intention.According to the provisions of article 139 of the "civil code",said the announcement the meaning in the form of announcement effect,given the form of announcement said took effect,the meaning of the other party is difficult to know the possibility of the announcement,if all the meaning of the said can make public announcement,will certainly to adversely affect the rights and obligations of the other party,therefore,it is necessary to "civil code" article 139 narrowed the explanation.As to public announcement,a form of expression of intention,there are mainly two kinds of claim about the scope of application.One supports that the expression of intension in the form of public announcement is applicable whether the expression of intention has a counterpart or not.The other claims that the expression of intension in the form of public announcement only applies to the expression of intention that has no counterpart.Actually,it's unnecessary to make a public announcement for the expression of intention that has no counterpart,because nobody will accept this expression of intention.And it will not do harm to benefits of others.Therefore,the expression of intension in the form of public announcement should only be applies to the expression of intention that has a counterpart.Even if there is a counterpart,it doesn't mean all the expression of intention can take the form of public announcement.Public announcements are usually applied when the expression of intention is made to a non-specific counterpart;as to specific counterpart,only when the expresser fulfills the obligation of reasonable notice,and the law and the laws and administrative regulations have clearly stipulated or both parties have made an agreement,and the expressor blamelessly have no idea of counterpart and counterpart's resident,the expression of intention can be take the form of public announcement.In the age of information,it is legal and common to express intention in the form of WeChat,short message,video,etc.Therefore,even if the expresser blamelessly does not know the counterpart's resident,it does not mean that the expresser can express its intention by public announcement.In addition,the expression of intention in the form of public announcement is not applicable to theexercise of personal rights.Different from public announcement service in the civil procedure law,as a form of expression of intention,the public announcement is under substantive law,which is an independent way of expression of intention unrelated to the public announcement service in the civil procedure law.It can be made without litigation procedure.According to the features of public announcement,such as openness,the expression of intention in the form of public announcement can be made through diversified media such as newspaper publication,radio and television dissemination and Internet publication in order to realize the possibility that counterpart can be accessible to the public announcement.