Civil Law On Legal Acts Legal Analysis Of A Number Of Issues

The principle of the autonomy in private law is mainly expressed in the systemof civil legal acts, whose corn content is expression on mind .Civil legal acts isn'tlimited by lawful action, but civil legal acts in our legislation is lawful action.Theauthor thinks this is not reasonable. The legal force of civil legal acts is derived fromcombination of the mind and the law.In social life, expression on mind is oftenimperfect .Imperfect expression on mind can divided into two things, including notonly disagreement between mind and expression but also expression on mind withoutfreedom, which is different from flawless expression on mind in controlling theeffectiveness of civil legal acts in order to control and balance the relationshipbetween expression on mind and the effectiveness of civil legal acts .Disagreementbetween mind and expression includes knowing disagreement between mind andexpression and mistaking it .Knowing disagreement between mind and expressionappears mainly in the form of intention reservation, false expression, and jokesresulting in different legal consequences .Intention reservation does not mean that theresult invalid , excluding what the others know . False expression is invalid, but is ineffective against the bonafide third parties. Jokes is invalid,but the person whothinks just joking should compensate for the losses of faith benefit. A mistake shouldbe firstly explained on principles of searching the real meaning . The faultless personwho express a mistake meaning can enforce his cancellation right if the period ofimmunity expires and should compensate for the other's losses of faithbenefit .Expression on mind without freedom, including cheating and force, isrevocable .The cheating which a third party makes can be revocable when the otherhas known or should have been known the cheating.The external limit of the effectiveness of civil legal acts mainly appears that civil legal acts are limited by mandatory rules and public order and moral. Civil legal acts contrary to mandatory rules are invalid in principle, but specific issue, concrete analysis, the need for case-by-case measure of the judges.