A Study On The Validity Of Legal Act

The concept of Legal Act is a result from the development of German jurist, theformation of the concept was related to the development of commodity economy.Legal Act plays an important role in civil law that help the civil law system developedfrom status to contract and then realized the achievement from the change of contractto institution. As the foundation of civil law, Legal Act is always the concern ofscholars. However, at the same time the study exist some weakness, especially of thestudy on the validity of Legal Act. This thesis use logical and comparative methods todefy the concept of Legal Act and attempt to analysis the validity of the Legal Actdeeply to make some recommendations on the system building, hope that can dosomething to promote the systematic theory of civil law. The thesis is divided intofive chapters:Chapter one analyzes the origin as well as the value and importance of the LegalAct. The development of Legal Act is the outcome of the development of commodityeconomy. Along with economic development, the impact of status is weakening wilethe impact of intention emphasizing. Legal Act is the product of research method andhonors the individual which authorizes the individual to handle private affaires basedon their own will.Chapter two analyzes of the definition of Legal Act. Thesis based on thegeneration and nature of Legal Act, concludes that Legal Act is the act contain theactor’s declaration of will, and that may produce legal consequence in accordance with actor’s own will.Chapter three pay emphasizes on the validity of the Legal Act. From starting tofinishing, the act is a process of Establish, Valid than finally Come Into Effective, thisthree phases have their own content of validity which is different from others. Theestablishment of Legal Act means the binding of the parties, no one able to arbitrarilyrevoke or release from the binding. The Valid of Legal Act means the law permit theparties to pursue the consequences which they want to. Come into effective means thelegal consequences happened, the parties finally reached what the will to.Chapter four states some suggestions on the building of Legal Act validity.Thesis based on the different content from the phases of establish, valid and come intoeffective, emphasizes on the analysis of constitute elements of each validity phasemeanwhile introduce the situations of fail to establish, invalid and fail to beeffective, trying to promote systematic of Legal Act.Chapter five discusses the validity of Legal Act subject to conditions and timelimit. Based on the phases of establish, valid and come into effective thesis concludethat both conditional Legal Act and Legal Act with time limit would be establishedand valid before the condition comes in fact or the stipulated time limit comes.However, condition is different from time limit and the Legal Act with time limit hasnothing to do with “expectative right”.