文档介绍：法律行为与代理学(Legal behavior and agent learning notes)
Legal act and agency
First, the concept and classification of legal act
(1) the concept of legal act
1. concepts. Civil juristic act is the act of expressing the intention as the essential factor to produce, change and eliminate the civil legal relation.
2. characteristics.
Take the meaning expression as the essential factor. Declaration of intention is the tool of juristic act, and juristic act is the tool of autonomy of private law. The system of legal act is "legal system make people happy", meaning that as long as the mandatory provisions do not violate the law and public order and good customs, legal recognition of the legal effect of declaration of intention, the effect of the corresponding meaning according to the content.
2. The change of civil legal relation. The legal behavior can cause the civil rights and obligations, amendment and termination of the civil subject can make use of the system of civil legal acts to arrange their own production and life, through the intermediary of the rights and obligations, realize the effective flow of social resources, improve their welfare, promote the growth of social wealth.
(two) classification of legal acts
1. unilateral civil juristic act, civil juristic act of both parties mon civil juristic act
(1) unilateral legal act. A civil juristic act that can be established only by the intention of one party. The characteristics of this kind of juristic act is that it does not require the consent of the counterpart, and the act is established.
The unilateral legal act in civil law mainly includes: (1) the effect of property law: abandoning ownership, abandoning his property right, requesting the division mon property. The resulting creditor law effect: reward advertising, debt relief, debt cancellation, statutory rescission of contract, rescission of contract, unauthorized agency, pending ratification of contract ratification. (3) the effect of agency change: