Studies On The Effect Of Legal Acts In Which The Declaration Is Inconsistent With The Intent

Legal acts with the elements of the establishment and commencement willproduce the legal effect which the party wishes to achieve, as a result, legal acts havefull force and effect． However, sometimes legal acts may only possess theestablishment element, in this case, what effect should be given to? I am afraid thereis not a unified answer．This article focuses on declaration of the intent that is the essential attribute oflegal acts to explore the effect of legal acts,in which the declaration is inconsistentwith the intent．By sorting through the literature, comparing of domestic andinternational regulations and using a large number of empirical research methods, wegive a more comprehensive analysis of the existing relevant provisions of domesticand foreign legislations．With a view to the traditional civil law theory, we canprovide a new perspective to improve our legal theory．This thesis is divided into three sections．Chapter One：Via the general analysisof legal acts with the declaration different from the intent, we settle the theoreticalbasis to investigate the effect of defective legal acts；Chapter Two：Throughcomparing of domestic and international legislations on legal acts with the declarationdifferent from the intent, we can explore the traditional civil law itself encompassingthe success and shortcomings, which provide a reference to perfect our theory of legalacts；Chapter Three：By analysis of the status of current legislation about legal actswith the declaration different from the intent, finding out the inadequacies, I try tointroduce the mature provisions of traditional civil law and my recommendations ofsolution to China’s Civil Code．...