第三部分 民事法律行为(现代民法的灵魂)（The third part is civil juristic act (the soul of modern civil law)）.docVIP

第三部分 民事法律行为(现代民法的灵魂)（The third part is civil juristic act (the soul of modern civil law)） The third part is civil juristic act (the soul of modern civil law) Legal relation is divided into subject (party), object (right, duty, direction, object), content (right, obligation relation); The main elements of legal relations are: subject, legal norms and legal facts I. classification of civil legal facts: focusing on the difference between factual action and legal act The legal fact is divided into actions and events according to whether the legal fact is related to the will of the party Depending on whether the event is related to human volition, it can be divided into natural events (tsunamis) and social events (strikes) According to whether the legal consequence of action is what the party desires to pursue, the act is divided into factual and civil acts The fact that acts include: the tort, not because the unjust enrichment behavior management behavior, part (because some unjust enrichment is based on events), creative behavior, behavior, behavior, its invention preemption behavior, lost property, found hidden (buried) reservoir etc. The concept of civil act was introduced in Germany, and our country has been reformed: Civil juristic act (civil, legal, act, lawful and valid); The pending civil act (defective capacity of the party concerned); Changeable or revocable civil act (defective in meaning); Invalid civil act (illegal content); But the theoretical structure itself will cause confusion, such as civil juristic act, including contract behavior, and the contract behavior is divided into valid, effective, pending, changeable, voidable and invalid According to Li Jianwei said: the future will be the concept of civil action to cancel, directly to the legal and factual behavior should be relative, then the legal behavior is divided into types of contract behavior, marriage behavior, behavior, behavior, will adopt agency behavior, can also according to the legal validi