法律行为的逻辑分析

The Logical Analysis of Juristic Act

法律行为理论是19世纪德国法学的产物。法律行为是大陆法系民法总则中的一个基本概念,也是最为抽象的概念之一。我国的民法通则在制度上也采纳了法律行为理论,但由于受前苏联的影响,对法律行为理论的认识形成了一些与其他国家不同的看法。

The theory of juristic act is the product that can be traced back to the 19th centry. As one of the most abstract concepts, it is also a basic principle of the general theory of civil law in continental legal system. Although fire General Principle of Civil Law of the PRC adapts the theory, China＇ s acadenfies conceit different points on the theory with legal professionals from other countries due to the influences of the trend of former Soviet laws. Tiffs article analyzes the validity embodied in the conception of juristic act from the views of classification for behavior of private law and the traditional acknowledge of juristic act.