Traditional Culture Encyclopedia - Traditional stories - What are the classifications of civil juristic acts?
What are the classifications of civil juristic acts?
Unilateral civil juristic act
And the civil legal acts of both parties.
Belong to this category
standard
It is the expression of will required by civil legal acts.
(1) unilateral civil juristic act
The basis of unilateral civil juristic act is
A party
gathering
A civil legal act that can be established by expressing meaning. (2) Civil legal acts of both parties
The civil legal acts of both parties are based on the agreement of the parties.
Unless otherwise provided by law, a unilateral civil juristic act is established when the parties express their will independently, and a civil juristic act of both parties is established when the parties agree to express their will.
Second,
Single service
Civil juristic acts and bilateral civil juristic acts
The standard of this classification is between the parties.
personal rights
and
civil obligation
Composition of
(1) unilateral civil juristic act
A unilateral civil juristic act means that one party of the civil juristic act is liable.
accountability
, while the other party only enjoys
correct
. For example, a gift.
behaviour
The donor has the obligation to deliver the gift, and the donee has the right to ask the donor to pay the gift.
(2) the civil juristic act of double affairs
Bilateral civil juristic act means that both parties to a civil juristic act bear obligations and enjoy rights, and their rights and obligations are interrelated.
be mutually conditional
The obligation of one party is the right of the other. take for example
sale
middle
seller
and
buyer
Rights and obligations are corresponding.
Three, paid civil juristic acts and unpaid civil juristic acts
The standard of this division is whether one party to a civil juristic act has the obligation to ask the other party to pay the consideration.
(1) paid civil juristic act
A paid civil juristic act is a legal act in which one party undertakes certain civil obligations and demands the other party to pay consideration (remuneration). For example, a sales contract is a typical paid civil juristic act.
(2) Free civil juristic act
A free civil juristic act refers to a legal act in which one party assumes civil obligations without asking the other party for consideration. It is represented by gifts.
Fourth,
Civil juristic act of promise
And actual civil legal acts.
The standard of this division is whether the establishment of a civil juristic act is conditional on the delivery of physical objects.
(1) promised civil juristic act
Mixed civil juristic act refers to a civil juristic act that can only be established through the expression of the will of both parties. Most civil legal acts are agreed upon. such as
trade
, contracting, leasing, etc.
(2) Actual civil juristic act
The actual civil juristic act refers to a juristic act that not only needs the agreement of both parties, but also needs to be delivered in kind. Also known as the civil legal acts of important things, such as gifts, loans and other acts. Among them, the act of physical delivery is the condition for the establishment of such civil legal acts.
Five,
Basic civil juristic act
Instead of an unintended civil legal act.
This classification standard is whether the establishment of a civil juristic act must take a specific form.
(1) Basic civil juristic act
A typical civil juristic act refers to a civil juristic act that can only be established in a certain form. Article 56 of the General Principles of the Civil Law stipulates: "If the law stipulates the use of a specific form, it shall be in accordance with the law." For example, according to the provisions of China's guarantee law,
guarantee contract
、
Pledge contract
Should be adopted
on paper
, and
mortgage contract
Mortgage registration should not only be carried out in written form, but also be registered with the statutory registration authority.
(2) Unwilling civil juristic act
Unnecessary civil juristic act refers to a specific form of civil juristic act that allows the parties to choose the agreed form without legal provisions.
- Previous article:Small scientific and technological production turns waste into treasure.
- Next article:What is the platform of Zhongxiang Hemei
- Related articles
- How much does it cost to courier a desktop computer from Guangzhou Haizhu District to Henan Runan?
- What is the height of a 750ml bottle of Jian Nanchun?
- Basic characteristics of component GIS
- Do I have to have a handprint for meditation?
- The study of the correct way to open, with the study of husband and wife relations have changed, can live in harmony!
- 7 chicken wings
- Application of Zipper in Fashion Design
- MAYA interactive segmentation tool is useless. How to solve it?
- What can represent the Spring Festival?
- How should hot pot restaurants do marketing during the Spring Festival?