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The term you mean by "civil acts" should be "civil juristic acts", and your original intention is to understand what are the specific civil juristic acts? The lawyer understands that there are: the act of exercising and performing the rights and obligations arising after the conclusion of the contract; Exercising and performing legal rights and obligations and legally agreed rights and obligations during marriage and after divorce; The act of exercising and performing statutory powers and obligations and legally agreed rights and obligations after making and accepting or not accepting a will; Adoption and the exercise and performance of statutory powers and obligations after adoption, as well as the rights and obligations agreed upon in accordance with law, and the act of disposing of one's lawful property rights in accordance with law, etc.
To be more specific, we can only give examples: After signing a loan contract with someone else, you have the right to accept a loan from someone else, and you also have the obligation to repay the loan. After marriage, you have the right to dispose of joint property, such as the act of using the legal income of the husband and wife to buy your own clothes, and the act of the mother cooking for the children and the husband.
The act of visiting children after a divorce. When someone makes a will to give you his property, you indicate that you do not accept the inheritance. The act of asking your adoptive parents to pay your tuition fees after you have been legally adopted.
The act of donating your own legally obtained labor remuneration to the disaster area. All of the above acts are specific civil legal acts.
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Civil acts: Generally refers to the activities carried out by civil subjects on the basis of expressions of intent to establish, alter or extinguish civil rights and obligations. or, in particular, refers to activities lawfully carried out by civil subjects on the basis of expressions of intent that are aimed at establishing or modifying or extinguishing civil rights and obligations.
The former, which does not have to have the characteristics of legality, is a "neutral" superior concept, so it embraces the subordinate concepts of "valid civil acts (civil juristic acts are one of them)", "invalid civil acts", and "civil acts that can be changed or revoked". Civil acts, acts of establishing, changing, or terminating civil rights and obligations by natural persons, legal persons, or other organizations. A lawful civil act is called a "civil juristic act".
A civil act that does not meet the necessary conditions for a civil juristic act is illegal and invalid. Civil acts are the superordinate concepts of civil juristic acts, including civil juristic acts, invalid civil acts, civil acts that can be changed or revoked, and civil acts whose validity is undetermined, excluding factual acts such as torts, breach of contract, and management acts without cause. Notes:
1.A civil act does not take effect when it is established. 、 2.
If a civil act meets the valid conditions prescribed by law, it will take legal effect and constitute a civil juristic act. 3.If it does not meet the effective conditions prescribed by law, it will not take legal effect from the beginning, that is, it will not be transformed into a civil juristic act.
Remember these five, and you won't be mixed up in the future, only these five types: contractual acts, marriage acts, testamentary acts, adoption acts, and disposition acts.
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Legal analysis: The classification of legal acts is as follows: (1) According to the form of the subject's intention, it can be divided into:
Unilateral and multi-party actions. (2) According to whether the legal act is legal, it can be divided into: legal act and illegal act.
3) According to the manifestation of behavior, it can be divided into: positive behavior and negative behavior. (4) According to whether the act is expressed through the expression of intent, it can be divided into:
Acts of expression of intent are and non-expressive acts. (5) According to whether the act requires specific form or substantive elements, it can be divided into: essential acts and non-essential acts.
6) According to the state of the subject's actual participation in the behavior, it can be divided into: autonomous behavior and ** behavior. (7) According to the public law nature or private law nature of the act, it can be divided into public law acts and private law acts.
Legal basis: Article 133 of the Civil Code of the People's Republic of China Civil juristic acts are acts of civil entities establishing, modifying, or terminating civil legal relationships through expressions of intent.
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Civil acts are an important institutional concept stipulated in China's Civil Code, which refers to civil acts with legal effect, which can be divided into civil legal acts, quasi-civil acts and factual acts, and are the activities of civil subjects participating in specific civil legal relations. Next, we will introduce you to what constitutes a civil act.
1. What are the civil acts?
Including civil juristic acts, quasi-legal acts, and factual acts.
1. Civil juristic acts.
A civil juristic act contains three elements for its establishment, namely, the civil subject who carries out the civil juristic act, the expression of intention, and the definite and objectively realistic subject matter. The biggest difference between it and factual acts is that the civil subject has an expression of intent, that is, it has the intention to establish, modify or terminate a civil legal relationship.
2. Quasi-legal acts.
Quasi-legal acts, such as reminders, notices, forgiveness. Such acts do not create a new relationship of rights and obligations, but only recognize or clarify the existing relationship of rights and obligations.
3. Actual acts.
Such conduct does not require an expression of intent as a constitutive element. The perpetrator does not have the intention of establishing, modifying or terminating a civil legal relationship. A factual act can also give rise to legal consequences, and it is a direct legal consequence in accordance with the provisions of the law.
Different from civil juristic acts, the constitution of a factual act does not require the actor to have the corresponding capacity for civil conduct. The most typical example is when a rural person builds a house on his homestead. The act of such construction is a de facto act.
In the future, when the owner of the house dies, the act of his heirs inheriting the house is a civil legal act.
2. What is a valid civil juristic act?
Civil acts refer to the establishment, alteration, or termination of civil rights and obligations of natural or legal persons. This act is different from acts that do not have legal significance, such as moral acts, friendship acts, etc., and is also different from acts in other legal fields, such as criminal acts, administrative acts, etc.
Civil juristic acts that meet the following conditions are valid:
1. The actor has the corresponding capacity for civil conduct;
2. The meaning is true;
3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
III. Types of Invalid Civil Acts
1. The subject is not qualified, such as the civil juristic act that no one has carried out is invalid.
2. The act of conspiracy to make false representations is invalid.
3. Illegal acts concealed by false representation are invalid.
4. Malicious collusion to harm the interests of others is invalid.
5. Civil juristic acts with illegal content are invalid.
That's all it was about by collationWhat are the civil acts?I hope it will help you with your doubts. To sum up, civil juristic acts, factual acts, and quasi-civil juristic acts all belong to the collective term civil acts.
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A natural person over the age of 18 is an adult. Natural persons under the age of 18 are minors. Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts.
Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct. Minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-prescribed persons or with the consent and recognition of their legally-prescribed persons, but they may independently carry out civil juristic acts that are purely beneficial or appropriate to their age and intelligence. Minors under the age of eight are persons with no capacity for civil conduct, and their legally-prescribed **persons** are to carry out civil juristic acts.
1) Parties. That is, the civil subject who conducts civil juristic acts. In unilateral civil acts, the existence of one party is sufficient; In the civil act of both parties, there need to be two parties; In a joint act, there need to be two or more parties; In the act of resolution, the members of an organization or internal bodies need to participate in the voting.
2) Meaningful representation. In a unilateral legal act, the parties' expression of intent is completed, and the legal act is established; The legal act of the two parties shall be established when the mutual expression of intent is the same. and (iii) the subject matter must be determined and probable.
The determination of the subject matter refers to the fact that the expression of the subject matter must reach the extent that it can be specifically identified. The point in time when the subject matter of the determination is determined or not is usually the time when the act is established. The target is possible, and the target must objectively be realistic.
The special establishment elements are the special factual elements for the establishment of a specific civil act, in addition to the general conditions. (1) Where there is a cause, the lack of legal conduct for the cause is not established, and the cause becomes a special element. (2) In a practical civil juristic act, the delivery of the thing is a special element, and the civil juristic act is not established before the delivery is completed.
China gives natural persons the right to freely engage in civil acts, but they are subject to legal restrictions, and the state provides legal protection for lawful civil acts and severely punishes illegal civil acts.
Article 143 of the Civil Code of the People's Republic of China: Civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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Classification of civil juristic acts.
1. Unilateral acts, two-party acts, multi-party acts.
Unilateral legal acts refer to civil legal acts that can be established only by the expression of intent of one of the actors, such as the establishment of a will, the forgiveness of debts, etc.
2. Paid and unpaid acts.
The significance of the distinction: (1) the determination of the nature of the act, such as a sale or a gift; (2) for the determination of the validity of the act, if there is no obvious unfairness in the case of gratuitous acts; (3) The determination of the actor's responsibility is relatively heavy.
3. Promise behavior and practical behavior.
A promise of sexual conduct can be established only by the agreement of the actor's intentions; In addition to the consistency of intent, practical acts also require the delivery of things to be established.
4. Want-and-don't-style behavior.
The non-formal behavior is free for the parties to choose the mode of behavior; The parties to the formal act must adopt the statutory form or the agreed form.
5. Master behavior and slave behavior.
The subordinate act is ancillary, and the principal act is invalid or extinguished, and the subordinate act is also invalid or extinguished.
6. Independent behavior and auxiliary behavior.
An independent act refers to an act that can be established by virtue of the actor's expression of intent; Ancillary behavior refers to:
It does not have independent content, but only assists other acts to take effect, such as retrospective recognition.
7. Property behavior and identity behavior.
A property act is an act aimed at producing a legal effect on property, and it is a consequence of a property act.
It is a change in the rights and obligations of property between the parties. Property acts can usually be divided into disposition acts and burdensome acts.
Identity act refers to an act that aims to produce a legal effect on identity, and the result is in the present.
Changes in the status relationship between the parties, such as marriage, divorce, adoption, etc.
The significance of the difference is that: (1) the applicable legal norms are different, and the property law or identity law is applicable; (2) The nature of the legal effect is different, and the purpose of the identity act is to maintain ethical order, and the will of the parties should be especially respected, and usually cannot be **.
8. Causal and causal behaviors.
A causal act is an act that is inseparable from a cause, and in a causal act, if the cause does not exist, the act does not take effect; Causal behavior refers to behavior that can be separated from the cause and does not depend on the cause as an element.
In addition, civil juristic acts can also be divided into acts of property rights and acts of creditor's rights; Acts before death and acts of cause of death, etc.
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According to different criteria, civil juristic acts can be divided into different categories.
Clause. 1. According to the standard of whether the establishment of a civil juristic act is conditional on the delivery of physical goods, civil juristic acts may be divided into promising civil juristic acts and practical civil juristic acts.
A civil juristic act of promise refers to a civil juristic act that is established only when the intention of both parties is unanimous. Practical civil juristic acts refer to legal acts that not only require the parties to express the same intentions, but also require the delivery of physical objects to be established.
Clause. 2. According to the differences in the composition of civil rights and civil obligations between the parties to civil juristic acts, civil juristic acts may be divided into unilateral civil juristic acts and dual civil juristic acts.
Unilateral civil juristic acts refer to civil juristic acts in which one party to a civil juristic act bears obligations and the other party only enjoys rights. Bilateral civil juristic acts refer to civil juristic acts in which both parties to a civil juristic act bear obligations and enjoy rights.
Clause. 3. Civil juristic acts may be divided into unilateral civil juristic acts and civil juristic acts of both parties according to the different compositions of the expression of intent required for civil juristic acts.
Unilateral civil juristic acts refer to civil juristic acts that can be established based on the expression of intent of one party. The civil juristic acts of the two parties refer to the civil juristic acts established based on the agreement of the two parties.
Clause. IV. Based on the criterion of whether a specific form must be adopted at the time of the establishment of a civil juristic act, civil juristic acts may be divided into mandatory civil juristic acts and non-essential civil juristic acts.
A formal civil juristic act refers to a civil juristic act that must adopt a specific form in order to be established. Non-formal civil juristic acts refer to civil juristic acts that do not stipulate a specific form but allow the parties to choose an agreed form.
Clause. 5. Civil juristic acts may be divided into paid civil juristic acts and gratuitous civil juristic acts based on whether one party to a civil juristic act undertakes an obligation to require the other party to pay consideration.
Paid civil juristic acts refer to civil juristic acts in which one party assumes a certain civil obligation and requires the other party to pay consideration. A gratuitous civil juristic act refers to a civil juristic act in which one party assumes a certain civil obligation without requiring the other party to pay a consideration.
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