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On The Decision Act As An Independent Type Of Legal Act

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y P WangFull Text:PDF
GTID:2436330620962928Subject:Civil and Commercial Law
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The civil code of China defines the act of resolution as an independent legal act.The independence proposition of the resolution behavior contains two core subpropositions: one is that the resolution is a legal act,the other is that the resolution is different from the common act.The meaning expression in the resolution has "double effect meaning" : the effect meaning of voting action and the effect meaning of participating group rule,which conforms to the general principle of the effect meaning of meaning expression.The purpose of the resolution is to regulate the interest relationship among the legal subjects within the group.The purpose of the resolution is the same as that of other legal acts,which conforms to the ideographic attribute of the intention expression.The resolution is different from the contract behavior,and its "individual and community" legal structure aims to safeguard the interests of the group,realize the rights of members and follow the procedural justice.Resolution is also different from the common act,its application of the principles and rules of the law of organization,and the need to distinguish between the form of common act.The resolution act stipulation of the civil code is a legislative innovation,which fills in the pattern of civil legal acts and conforms to the legislation mode of the integration of civil and business.The "resolution" in the civil code includes the legal person(company)resolution and the unincorporated resolution.The applicable rules of law are different.The legal person resolution is particularly applicable to the rules of legal conduct,while the unincorporated resolution is generally applicable to the rules of legal conduct.Resolution act is an independent legal act which is different from unilateral act,contract and joint act.
Keywords/Search Tags:resolution action, joint action, expression of intention, community law, China civil code
PDF Full Text Request
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