| Unilateral juristic act is the result of classifying juristic act according to the number of expressions of intention required for the establishment of juristic act.In contrast to multi-party juristic act,it is a juristic act that can be established by only one expression of intention.From a theoretical point of view,China’s research on unilateral civil juristic acts is not sufficient,before the promulgation of the General Provisions of the Civil Law,there are only a few specific literature on unilateral civil juristic acts for reference,until the promulgation of the Civil Code has not attracted the attention of the civil law theoretical circles.However,there are many types of unilateral juristic acts in China’s Civil Code,which appear in life in various forms,including unilateral juristic acts such as bounty advertisements with controversial legal nature.However,the law does not stipulate the applicable rules of unilateral juristic acts,nor does it clarify the legal nature of bounty advertisements,and the systematic construction of unilateral juristic acts is relatively weak,and there are still some improprieties.This paper analyzes and studies the rules and adjustment system of unilateral juristic acts in the Civil Code through the collation and research of extraterritorial legislation and existing theories in China,and hopes to provide ideas for the improvement of China’s unilateral juristic act system on this basis.The whole text includes five parts excluding the introduction.The first part is to study the concept and characteristics of unilateral juristic acts,and divide the types of unilateral juristic acts.The second part is based on bounty advertising,which evaluates and compares the three adjustment modes of unilateral juristic acts(contract adjustment model,debt adjustment mode and causeless management adjustment model),and reflects on the pan-contractual adjustment mode of judicial practice in China,emphasizing the necessity of "de-contracting" unilateral juristic acts.The third part introduces "Two-tier six-stage theory" to theoretically reconstruct and explain the establishment,effectiveness and effect occurrence of unilateral juristic acts,and clarify the requirements and effects of different stages in the juristic act layer.The fourth part analyzes the main legal provisions on unilateral juristic acts in China’s Civil Code,discusses the nature of the controversial article 499 on bounty advertising from the perspective of comparative law,compares the legislation of different countries,compares and evaluates the contract theory and the individual act theory,and clarifies the legal nature of the unilateral juristic act of bounty advertising.The fifth part puts forward constructive suggestions on the improvement of China’s unilateral juristic act system in light of the current legislative and judicial status quo in China,first,to add the concept and principle provisions of unilateral juristic acts to the general provisions of the Civil Code to establish the basis for adjusting unilateral juristic acts,second,to improve the provisions of Article 499 of the Civil Code on reward advertisements,clarify the nature of unilateral juristic acts,and improve its specific application system,and third,improve judicial interpretations,so that the contract part can play the role of the general principle of the law of obligations. |
