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On The Legal System Of Personal Conduct

Posted on:2018-02-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Y J SongFull Text:PDF
GTID:1316330536967793Subject:Civil and Commercial Law
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“Juristic act”,being the greatest achievement in the field of German Pandekten legal science,has an important position in civil law jurisprudence and has exerted a far-reaching influence on the later development of civil laws in many countries.According to major rights and obligations created by “juristic act”,it may be classified into as “juristic act” of person and “juristic act” of property.This dissertation mainly studies “juristic act” of person,which refers to rights and obligations related to a natural person.Institutions under juristic act have an important position in China's civil law system.On March 15,2017,the Fifth Session of the 12 th National People's Congress adopted “The General Provisions of the Civil Law”.“The General Provisions of the Civil Law” consists of 11 Chapters,including Chapter 6 on “Civil Juristic Act”,which sets up institutions under “juristic act”.However,most of the legal research and legislation previously made in China focus on the “juristic act” of property,failing to pay adequate attention to “juristic act” of person.Looking from a perspective of history,the humanism's emergence,development,and its influence on the legal systems in European countries and other parts of the world show that,inner intent of a natural person is very important for arranging personal relationships such as marriage,adoption,and etc.,only by respecting individual's inner intent for arranging these issues can he or she achieve value and inner happiness pursued by himself or herself in these areas.Meanwhile,“juristic act” of person needs appropriate legal interventions to fulfill the value of public interests,fairness and justice,becauseit is related to the ethics and the public interest.From a practical point of view,a systematic research on “juristic act” of person with interpreting the core position of autonomy of will will be conducive to protection of legitimate rights of citizens,prevention of over interference by State in private society,and timely responding to new problems occurred in the progress of social development.Thus,it is necessary to make a systematic research on “juristic act” of person both in its traditional forms and in newly developed forms,uncover special features of “juristic act” of person differing from “juristic act” of property,so as to establish special legal rules concerning “juristic act” of person under a unified system for “juristic act”.By this,to develop a complete “juristic act” system comprised of “juristic act” of person and “juristic act” of property in China's civil law system.
Keywords/Search Tags:Juristic Act, Juristic Act of Person, Autonomy of Will, Legal Interventions
PDF Full Text Request
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