论民事法律行为的适法性

On the Legal Appropriateness of Civil Law Act

民事法律行为①是实现私法自治最主要的方式,该行为的做出以私法自治为依据,以意思表示为核心要素 和本质特征,其性质应为适法行为,不应以合法性为成立要件。

As a chief pattern of achieving the autonomy of private laws, civil law act should base itself on the autonomy of private laws and take the semantic expression as its core element and essential feature. The nature of Civil Law Act should be judged in accordance with appropriateness rather than legitimacy.