Classification of legal acts? What are the main criteria for classifying legal acts?

A legal act established by an expression of intent.

For example, the forgiveness of debts, the revocation of the entrusted agent, and the lack of authority**.

posthumous recognition, etc. A multi-party legal act refers to a legal act established by the agreement of two or more parties, such as a contractual act. The legal significance of this classification is to facilitate the correct determination of the establishment and validity of legal acts.

A unilateral legal act can be established as long as there is an expression of intent by one of the parties; On the other hand, a multi-party legal act can only be established if two or more parties reach an agreement on the expression of intent.

2.Paid legal acts and gratuitous legal acts This is a classification based on whether the legal act has a treatment for the payment or not. The term "treatment payment" here refers to the consideration paid by one party to obtain the benefits provided by the other party.

Paid legal acts refer to legal acts in which the parties must pay the corresponding consideration when they enjoy rights with each other, such as sales, leases, contracts, etc. Gratuitous legal acts refer to legal acts that do not require any consideration when one party enjoys rights, such as gifts, gratuitous entrustments, borrowings, etc. The legal significance of this classification is to facilitate the establishment of the scope of the rights and obligations of the parties and the assumption of the consequences of their responsibilities.

In general, the legal liability of the obligor of a paid legal act.

The legal liability is heavier than that of the obligor of a gratuitous legal act.

3.Essential and non-essential legal acts are classified according to whether the establishment of a legal act requires a legal form. A formal legal act is a legal act that the law clearly stipulates that it must take a certain form or perform a certain procedure before it can be established, for example, the Contract Law.

Stipulate the financial lease contract.

Construction contracts and technology development contracts shall be in written form. Non-essential legal acts refer to legal acts that are not prescribed by law in a specific form and can be established by the parties freely choosing the form. At the same time, the law stipulates that certain legal acts must be established in a mandatory form, which can urge the parties to prudently carry out civil activities, so that the relationship between rights and obligations is clear and specific and has conclusive evidence, so as to play a role in stabilizing the transaction order.

4.Primary and secondary legal acts This is a classification according to the dependencies between legal acts. The principal legal act refers to the legal act that can be established independently without the existence of other legal acts.

A subordinate legal act refers to a legal act that exists subordinate to another legal act. For example, if a loan contract is entered into between the parties, a guarantee contract is entered into to guarantee the performance of the contract. Among them, the loan contract is the main contract, and the guarantee contract is the subordinate contract.

The legal significance of this classification is to facilitate the clarification of the validity relationship between master and slave legal acts. The validity of the legal act is dependent on the principal legal act; If the principal legal act is not established, the secondary legal act cannot be established; If the principal legal act is invalid, the law shall prevail.

Of course, it can't take effect. However, the completion of the performance of the principal legal act does not necessarily lead to the loss of the validity of the secondary legal act.

Classification of legal acts: according to whether the acts comply with the requirements of legal norms: legal acts and illegal acts.

Behaviors are classified according to their manifestations: positive behaviors (also known as actions, such as issuing checks) and negative behaviors (also known as omissions, such as non-competes). Behaviors are classified according to whether they are represented by expression of intent or not:

Acts of expression of intent (e.g., entering into a contract) and non-representational acts (e.g., finding lost property, finding buried objects). Wait a minute.

It is difficult to say that the specific situation is unclear, and it is generally divided into: legal acts, illegal acts, etc.

Basically, one is legally responsible, and the other is the guardianship of legal acts.

Actually, I think if you want to classify it, you can take a look at the relevant law books.

1.Unilateral legal acts, also known as "separate acts", refer to civil juristic acts established based on the expression of intent of a party. That is, as long as a party unilaterally expresses its intent, the legal act can be established and cause the civil legal consequences expected by the actor.

If the testamentary act is made, only the testator needs to make an expression of intent to dispose of the estate after his death, and the will can be established and take legal effect upon the testator's death. Unilateral legal acts also include acts of entrustment and authorization, acceptance or renunciation of civil rights (such as inheritance rights), acts of donation, and acts of exempting others from debts.

A two-party or multi-party legal act is a civil juristic act established based on the agreement of the two or more parties. Unlike unilateral legal acts, two or more legal acts must contain two or more consistent expressions of intent. In fact, the legal acts of two parties and multiple parties refer to various contractual acts.

For example, as a legal act between the two parties, the act of a sales contract can only be established if the buyer and the seller reach an agreement through consultation; As a multi-party legal act, the conclusion of a partnership contract by three or more parties can only be established through consultation between the parties concerned.

2.Paid legal acts refer to legal acts in which one party must pay the corresponding price to the other party when it obtains a certain benefit. For example, in the course of a sale, the buyer obtains the sold goods and must pay the price to the seller; The seller, on the other hand, must deliver the goods to the buyer in order to receive the price.

That is, in a paid legal act, the parties must "pay each other".

A gratuitous legal act is one in which a party simply obtains a benefit without having to pay any consideration. In other words, there is no "consideration relationship" in gratuitous legal acts. For example, in the act of gift, the donee only receives the gift without paying any consideration.

3.Formal legal acts refer to civil juristic acts that should be established in the manner prescribed by law, that is, if the law makes special provisions on the manner of certain civil juristic acts, these civil juristic acts may not be validly established if they do not adopt the statutory method.

Non-formal legal acts refer to civil juristic acts in which the parties can freely choose the form of establishment, that is, the parties are not subject to special restrictions by law in the choice of the way to express their intentions. For example, in the case of a general sale, the parties may be in writing, orally or in other forms.

4.Autonomous behavior vs. ** behavior. According to the state of the subject's actual participation in the act, legal acts can be divided into autonomous acts and ** acts.

Autonomous acts refer to legal acts that legal subjects independently engage in in their own names without the participation of other subjects; ** act refers to the legal act that the legal subject engages in in the name of the person being ** in accordance with the legal authorization or the entrustment of other subjects.

The classification of legal acts is as follows:

1. Unilateral acts, two-party acts and multi-party acts;

2. Paid and unpaid acts;

3. Sexual behavior and practical behavior;

4. Want-and-don't-behave;

5. Causal and causal behaviors;

6. Property behavior and identity behavior;

7. Punishment and burden.

The requirements for the establishment of a legal act are as follows:

1. It must be an external manifestation of action or inaction, not people's mental activity;

2. It must be a conscious activity of people. Unconscious minors, mentally ill people, and those under the threat of violence cannot be acted into law.

A legal act is a type of legal fact. The activity of a person who can cause the creation, alteration and extinction of legal relations. It differs from legal events in that it is the result of people's conscious and conscious activities. Including acts and omissions.

Legal basis

Civil Procedure Law of the People's Republic of China

Article 184:The provisions of this chapter apply to people's courts hearing cases of voter qualifications, cases of declarations of disappearance or death, cases of determination that citizens lack or limited capacity for civil conduct, cases in which property is found to be ownerless, cases in which mediation agreements are confirmed, and cases in which security interests are realized. Where there are no provisions in this chapter, the relevant provisions of this Law and other laws shall apply. Article 196:People's courts hearing cases where a citizen is found to have no or limited capacity for civil conduct, shall have the citizen's close relatives as ** persons, except for the applicant.

Where close relatives pass the buck to each other, the people's court is to designate one of them as the ** person. If the citizen's health permits, the citizen's opinion shall also be asked.

Where the people's court finds that the application has a factual basis after trial, it shall make a judgment that the citizen is a person with no or limited capacity for civil conduct; Where it is determined that the application has no factual basis, a judgment shall be made to reject it. Article 197:Where a people's court confirms that the reason for a citizen's lack of capacity for civil conduct or limited capacity for civil conduct has been eliminated on the basis of an application by a person who has been found to have no or limited capacity for civil conduct, an interested party, or a relevant organization, it shall make a new judgment and revoke the original judgment.

Legal analysis: 1. Classification according to the nature and characteristics of the actor:

Individual, collective, and state acts.

Unilateral vs. multi-party acts.

Autonomous behavior vs. ** behavior.

2. Classification according to the legal nature of the act:

Lawful Acts and Illegal Acts.

Public law acts and private law acts.

3. Classification according to the manifestations and interrelationships of behaviors:

Positive and negative behaviors.

Master and slave actions.

4. Classification according to the constituent elements of the act:

Meaning) denoting and non-denoting behavior.

Mandatory and non-essential behaviors.

Perfect behavior vs. incomplete behavior.

Legal basis: Civil Code of the People's Republic of China

Article 133:Civil juristic acts are acts by civil entities establishing, modifying, or terminating civil juristic relationships through expressions of intent.

Article 134:Civil juristic acts may be established on the basis of the unanimous expression of intent of both or multiple parties, or may be established on the basis of a unilateral expression of intent.

Where legal persons or unincorporated organizations make resolutions in accordance with the methods of deliberation and voting procedures provided for in laws or charters, the resolution is established.

Article 135:Civil juristic acts may be in written, oral, or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form, the specific form shall be adopted.

There are seven classifications of civil juristic acts.

Legal analysisThere are seven classifications of civil law: (1) unilateral acts, two-party acts, and multi-party acts (according to the different subjects and directions of intent). (2) Paid acts and gratuitous acts (according to whether the consideration needs to be paid).

3) Promising sexual acts and practical acts (also known as essential and non-essential things, according to whether the delivery of the subject matter is required is the condition for the establishment or effectiveness of the act). (4) Want-style behavior and non-styled behavior (according to whether a specific form is needed). (5) Causal and causal acts (according to the relationship between acts and causes).

6) Property acts and identity acts (according to the effect of the act). (7) Acts of punishment and burden (according to the effect of the act). Civil juristic acts refer to the acts of civil subjects establishing, modifying, or terminating civil legal relationships through expressions of intent, and are lawful civil acts.

Legal basis"Civil Procedure Law of the People's Republic of China" Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Legal Analysis: Classification of legal acts.

According to the constitutive characteristics of the expression of intent in the establishment of legal acts, it is divided into unilateral legal acts, two-party legal acts, and multi-party legal acts.

According to the field of effect of legal acts, it is divided into: property legal acts, identity legal acts.

According to whether a legal act must be practiced in a specific form for the establishment of a legal act, it is divided into mandatory legal acts and non-formal legal acts.

According to the dependence between the legal acts that are related to each other, they are divided into primary legal acts and subordinate legal acts.

According to whether the legal acts related to each other have independent substantive content, they are divided into basic legal acts and subsidized legal acts.

According to the effect of legal acts, they are divided into legal acts that occur before or after the death of the actors: legal acts of survival, legal acts of cause of death.

According to whether the establishment of a legal act is in addition to the expression of intent, it must be delivered in kind: promise into a legal act, practice into a legal act.

According to whether there is consideration paid between the parties, it is divided into paid legal acts and gratuitous legal acts.

The criterion for the classification of unilateral civil juristic acts and bilateral civil juristic acts is the expression of intent required for civil juristic acts.

1) Unilateral civil juristic acts: Unilateral civil juristic acts are civil juristic acts that can be established based on the expression of intent of one party.

2) Civil juristic acts of both parties: Civil juristic acts of both parties are civil juristic acts established based on the unanimous expression of intent of both parties. Unless otherwise provided by law, a unilateral civil juristic act can be established when the person independently expresses his or her intentions, while a civil juristic act of both parties is established when the parties express the same intention.

Legal basis: Article 135 of the Civil Code of the People's Republic of China: Civil juristic acts may be in written, oral, or other forms; Where laws or administrative regulations provide or the parties agree to adopt a specific form, the specific form shall be adopted.