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Legal terms of the transaction

Author: YuanZhiJie
Tutor: MiJian
School: China University of Political Science
Course: Comparative Law
Keywords: Condition Legal transaction Effect The effectiveness of Retroactivity
CLC: D90
Type: Master's thesis
Year: 2008
Downloads: 33
Quote: 0
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Abstract


Terms of the transaction by the law , Roman law has been in private law plays a very important role . It as a legal transaction effect or eliminate control valve greatly extended the autonomy of the subjects of private law , has an irreplaceable function . But in our research is lacking. For this reason , this article attempts to from its function as well as the nature of departure , in order to reshape the conditions of the theory and system . In this paper, through the study of German theoretical difference between compare China today doctrine , and by comparing the legal transaction , the connotation and conditions of the connotation , to prove the country through a major fallacy in order to establish a solid research the cornerstone . Specifically, the German 19th-century law that conditions the effectiveness of the legal transaction , the modern doctrine that only the effect of legal transactions subject to constraints ; German theoretical understanding of the connotation of the legal transaction is the pursuit of private law on the legal effect of intention , understanding of the conditions of the corresponding transaction part of the content or elimination of legal restrictions on private law legal effect ; our theoretical understanding of the conditions still remain in the understanding of the jurisprudence of the German 19th century , and that the condition is a legal transaction particularly effective elements of this understanding a completely legal transaction connotation of contradictions , and also makes the structural conditions of system has become impossible . This trace to its source , the comparative study of the system , this paper establishes the conditions is to limit the effects of legal transactions or elimination of the agreement between the parties . On this basis, the effectiveness of the constructed conditional legal transactions , the effect of the two sub- structure , the effects of legal transactions , to further distinguish between the inherent effects of legal transactions and legal transactions before the effect , to construct a comprehensive conditions attached legal transactions before the effectiveness of the system , to protect the interests of right holders of the conditional good . On this basis, studied the effect of whether the retroactive effect , and comes research conditions classification , thus a full range of conditions of the theory and system are discussed .

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CLC: > Political, legal > Legal > Theory of law (Law)
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