民事法律行为本质论

民事法律行为是指民事主体旨在发生私法上效果的以意思表示为基本要素的行为。本文对我国民法理论中长期坚持的民事法律行为本质合法说提出质疑,推出设权表意性才是民事法律行为的核心要素和本质特征,并认为在民法典总则中有设立民事法律行为制度的必要性。

On the nature of civil juristic act

Civil juristic act means that civil subjects want their acts to cause the effects of private law by meaning expressing which is one of the essential factors of juristic act. This thesis intends to question the lawful nature opinion of civil juristic act which is approved by our civil law theories; then concludes that the nature of creating right and expressing meaning is the core factor and natural characteristic of civil juristic act; and finally deduces that it is necessary to set up the system of the civil juristic act in the total regulation of the civil code.