Research On Meaning Flaws In Identity Legal Acts

On March 15,2017,the fifth session of the 12 th National People's Congress of the People's Republic of China voted to adopt the general principles of the civil law of the People's Republic of China,which systematically stipulates the system of "civil juristic ACTS" in chapter 6.Sadly law "general civil law" fails to distinguish between property and identity legal behavior,and still in contract behavior as samples of civil juristic act,so that part of the contract(draft)"contract effectiveness without a contract is invalid,revocable,etc.These defects with pending validity of civil legal act,and other fields,especially in or sexual identity property status,and can not directly apply the general about the flaws in the provisions of the civil juristic act effect,make the civil juristic act system following by more lack of innovation.A civil juristic act of property and a civil juristic act of identity shall be recognized as having significant differences;In fact,there should be no civil juristic act of personality(only civil juristic ACTS of personality,such as the commercialization of personality interests)because the right of personality cannot be given up or transferred.The Dutch civil code stipulates the civil juristic act in the property law,which is the base of determined rights and obligations.In Germany,the birthplace of the legal act system,the legal act of course can be divided into property legal act and personal legal act,but the law in the personal law on the autonomy of private law restrictions more obvious.Pendleton's successor countries in east Asia showed crazy abstraction of legal logic,but Japan,Taiwan and other countries selectively believed that pendleton was a system of material debt dichotomy,and personal law was expelled from the legal action system by the so-called "fact first sex" theory.As a result,the relationship between identity law and general principles has been constantly debated.Identification method of flaw meaning in theory is the important content of identity legal act,in real life such as marriage,adoption,wills and other legal behavior errors,fraud,coercion is also common,but by contrast is to identity the meaning of legal act defects theory research of fragmentation,the shortage of systematic and scientific.The design of the meaning flaw system of identity juristic act should take into account the generality of the system of civil juristic act and the particularity of identity juristic act.The research on the meaning defects of identity juristic ACTS can not only solve many practical problems and provide guidance for the emerging identity juristic ACTS,but also enrich the content of the system of personal juristic ACTS and clarify its relationship with civil juristic ACTS.