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1 .The meaning of effect, that is, the intention of the actor to produce a specific legal effect based on its expression, is the core of the expression of intent. The meaning of effect is concerned with the inner pursuit of the actor and the legal effect that the actor wants to achieve.
For example, the lessee has the legal effect of leasing something for a certain amount of rent; The seller has the legal effect of selling his goods for a fixed price.
2.The meaning is that the actor recognizes that his act has some kind of legal act.
For example, order by email, ** indicates the termination of the contract, etc. The main emphasis here is that the actor not only hopes to produce the legal effect he is pursuing, but also must clearly understand the legal meaning of the external act based on that purpose, which is actually the basic requirement for a "rational person".
3.The meaning of the act, that is, the expressive person consciously engages in a certain behavior, such as a girl shyly nodding her head to agree to her boyfriend's marriage proposal, and a passer-by raising his hand to hail a taxi.
The intent of the act requires that the actor's actions must be motivated by the actor's conscious physical movements, not just the appearance of the act. This element emphasizes the freedom of will of the actor, and it emphasizes that "whether the act is voluntarily carried out by the expressor, that is, whether it is carried out by the expressor, and only an act of expression with the intention of the act meets the requirements of autonomy of will, and can only be recognized as an expression of will". Hope you.
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The meaning of action is what kind of impact you do, the meaning is the meaning you want to express, and the effect meaning is the final consequence. For example, I used a kitchen knife to kill a person, but I didn't kill it. The meaning of the act is to kill with a knife, which means that I am going to inflict on others to death, and the effect is that I am not killed.
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1) The meaning of the act: It is the element of meaning that indicates the specific content of the legal act, for example, the object of the sale in the sales contract is the purpose of the purpose.
2) Effect meaning: the element of intention of the expressor to make the content of the expression cause legal effect, such as the parties in the sales contract to obtain the ownership of the subject matter of the other party.
3) Representation: The parties should express the intention of the purpose and effect in a certain way, such as the act of making an offer or undertaking in a sales contract.
The first two are subjective elements, while the latter are objective elements.
Same as the previous one, sorry.
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1. A legal act is based on an expression of intent, and there is no legal act if there is no expression of intent. There are two elements of impartial and non-partisanism: one is inner meaning, and the other is behavior.
Among them, there are three elements of inner meaning, all of which are indispensable: (1) the purpose meaning, also known as the behavioral meaning, that is, the meaning of controlling one's own behavior, the meaning of the actor consciously controlling the movement of the body; (2) Expressing meaning, that is, understanding the meaning that one's own behavior has a certain legal significance; (3) The meaning of effect, that is, the content of the legal effect pursued by the act.
2. Difference: The meaning of purpose (the meaning of behavior) is more related to the ability to act, such as talking in a dream is not the meaning of action. If there is no purpose intent, then there is no intention directly.
The meaning of effect requires that the content of the legal effect pursued by the act be specific and clear. For example, if I want to give you a watch, this is specific and clear, but if I want to give you something, it is not unspecific and unclear, and it is not effective.
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1. Representation refers to the elements of the actor's behavior that express the inner meaning to the outside in a certain way, and are sufficient for the outside world to objectively understand. For example:
For example, you owe me 5 million, and then I say I don't have to pay it back! It is based on the fact that I have expressed my intentions, and then it causes the legal fact that you want to pay me back is extinguished.
2. Non-expressive acts: refers to acts that produce legal effects based on a certain factual state but are not expressed by the actor's intention.
For example, the discovery of lost property, the discovery of buried objects, etc., is also a factual act. For example, the act of finding lost and buried objects, etc.
The constituent elements of expression of intent include effect meaning, expression consciousness, and expression behavior.
1. Effect refers to the element of intention that the parties want to make their purpose (motive) legally effective. Because the parties have the intention of effect, it is different from an act of friendship, and in a pure act of friendship, there is an agreement between the parties, but the parties do not intend to be legally bound by the agreement.
2. The expressive consciousness refers to the actor's external consciousness in which the actor's internal effect meaning is expressed in a certain way, and the act of making the effect meaning known externally is the expressive behavior.
3. Representation is an element of behavior that enables the counterpart to understand its meaning. Representational acts can take two forms, express or implicit.
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Expression of intent refers to the act carried out by the actor by expressing a certain state of mind or consciousness, such as making a contract or making a will.
Non-expressive act refers to an act that is carried out by a person without the need for an expression of inner mind or consciousness, such as finding a lost item or finding a buried object.
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There is no idiom in the idiom dictionary for "heavy reward". The closest is:
Heavy gold and purple. It is said that there are several people in one door who wear gold and purple ribbons, and they are extremely honorable. The Qin and Han Dynasty princes are all gold and purple ribbons.
Heavy money hits the soup. It is said to be a few gold city soup pools, and the defense is very strong.
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This! The owner of the restaurant so late.
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Publicly pay a lot of money to ask people to do things for it.
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If you ask this question with a 200-point reward, it's a big reward.
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Use money to let others help solve problems.
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The expression of intent refers to the expression of the inner meaning that attempts to produce a certain effect in private law to the outside, and the inner meaning is objectively integrated by the external expression. Its constituent elements can be divided into objective and subjective elements
1) Objective element: Objectively, it can be recognized that it means to express a certain legal effect. For example, ordering books by fax, parking in paid parking lots, nodding shyly to agree to boyfriend's marriage proposal, etc.
2) Subjective element: refers to the inner meaning, which can be divided into a behavioral meaning, that is, the expressor consciously engages in a certain behavior, such as signing. b indicates awareness, that is, the perpetrator recognizes that his act has some legal significance, such as placing an order by mail and dropping it into a coffee vending machine.
C effect, that is, the actor intends to produce a certain legal effect according to his expression, such as indicating the purchase of a book, which has both the meaning of expression of consciousness and effect.
The effect of a civil juristic act is determined by the expression of intent of the parties, and if there is an act of expressing intent, the legal effect is not determined by the content of the expression of intent, the expression of intent cannot still be established. For example, although a reminder or refusal to make an offer is also an expression of a certain intention, its effect does not depend on the intention, but on the provisions of the law, so it is called a notice of intent in civil law to distinguish it from the expression of intent, which is an element of civil legal acts.
Acts such as notification of intent are called "quasi-legal acts". Quasi-legal acts refer to acts that express certain meaning and produce legal effects based on their performance. For example, the lessor's reminder to the lessee to pay rent (notice of intent), the notice to convene the general association of associations (notice of concept), and the wife's forgiveness of her husband's adultery (expression of affection).
Although the effect of the notice of intent, the notice of concept, and the expression of feelings naturally occurs by the provisions of the law, they are all characterized by the expression of a certain state of mind in the outside, which is similar to a legal act or an expression of intent, and is called a quasi-legal act in theory.
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1. Whether there is any intention to be bound by law.
There is no intention to be bound by law in the act of friendship, and the parties to the legal act have the intention to be bound by the law;
2. Whether there is an intention to conclude a legal relationship.
There is no intention to conclude a legal relationship in the act of friendship, and there is an intention to conclude a legal relationship in the legal act;
3. Whether it is free of charge.
Acts of friendship are generally gratuitous, and legal acts are generally paid services for profit;
4. The fields in which the affairs involved occur are different.
Acts of friendship in everyday life are generally in the realm of pure social interaction, and legal acts take place in areas other than that.
The essential difference between an act of friendship and a civil juristic act is that the former does not have the intention of being bound by the law and does not have the intention of entering into a legal relationship. Thus, the beneficiary of the act of friendship is not legally obligated to pay for his promise.
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Affective acts generally do not compensate the other party for losses caused by them, while legal acts require the party that caused the damage to be liable.
For example, A asks B to come to the station to wake him up, and B agrees, but when he arrives at the station, he forgets about it and lets A sit on the station, causing A to be late (or for other losses), and A cannot claim damages from B because it is only an act of affection.
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Sorry, the photo is not focused, and I can't see clearly.
In fact, it would be nice to refer to the "Code of Conduct for Primary and Secondary School Students" and "Code of Conduct for Primary and Secondary School Students", add a little bit of your own language, add examples, and write in detail.