第八章 法律行为与代理（The eighth chapter, legal act and agency）.doc

第八章 法律行为与代理（The eighth chapter, legal act and agency） The eighth chapter, legal act and agency It is legal act between the parties concerned by the declaration, important legal facts set, change or eliminate specific rights and obligations. Intention is its essential element. The way of legal behavior is divided into two types: the imperative and the non essential. In the applicable law of the elements of legal behavior, it has been handed down from the ancient times that the act of Lex land is applied according to the principle of the act of dominating the place. The reasons are as follows: (1) the theory of sovereignty. (2) any doctrine of law. At present, more inclined to second said. But for the transfer of real property, the setting, the burden of such acts, only to allow the general application of Lex; exercise of rights on the bill or security behavior, the provisions of the law and behavior must comply with the act, is to act shall be applicable law. In contemporary international private law, the legal application of the law has been put into wide use, if there is a choice to apply the legal act itself, the applicable law and the act of land law. Practice: the applicable law on the legal behavior form elements, the international trend of legislation at present are: A, B, behavior, court, C, lex, D, to try to make the legal behavior effective choice of applicable law applicable. In order to make the court according to the specific circumstances of the case to choose the applicable law legal act form document, since 1930s, appeared on the connecting point of softening or plural connecting points to increase the provisions of the optional legislative trend. The applicable law of this kind of conflict specification allows selection of the legal behavior establishment and the validity of the governing law, acts of law, personal law, the law of the court. This agent is an agent in the agency authority, said to be the name of the principal and the third person,