General Theory of Civil Law Wang Quandi .

The general theory of civil law is the most important part of the theory of civil law, which is a high degree of generalization and abstraction of the content of the following sub-theories, and the general theory tends to be theoretical.

Sub-theories are things that are more specific and close to practice, that is, specific legal provisions and specific legal rules.

The basic concepts of the general theory are very important for the study and practice of civil law, and the sub-theory is also very important.

Only by learning the general theory can we better understand the sub-theory, which is the basis of future practical practice.

Syllabus of General Civil Law.

Chapter 1 Introduction.

Section 1: Overview of Civil Law.

Section 2: Sources of Law of the Civil Law.

Section 3: The Essence of Civil Law.

Section 4: The Standard of Civil Law.

Chapter II: Civil Legal Relations.

Section 1: The Concept of Civil Legal Relations.

Section 2: Elements of Civil Legal Relationships.

Section 3: Civil capacity.

Section 4: Civil Rights.

Section 5: Civil Obligations.

Section 6: Civil liability.

Chapter 3 Things. Section 1: Objects as the object of rights.

Section 2: Classification of Things.

Chapter IV: Civil Subjects - Natural Persons.

Section 1: Capacity for civil rights.

Section 2: Capacity for civil conduct.

Section 3: Guardianship.

Section 4: The system of declaration of disappearance.

Section 5: The system of declaring death.

Section 6: Protection of Personality Rights.

Section VII Residence.

Chapter V: Civil Entities - Legal Persons.

Section 1: The Concept of a Legal Person.

Section 2: The Nature of Legal Persons.

Section 3: Classification of Legal Persons.

Section 4: The civil capacity of legal persons.

Section 5: Establishment of legal persons.

Section 6: Organs of Legal Persons.

Section 7: Domicile of legal persons.

Section 8: Elimination of legal persons.

Chapter VI: Civil Juristic Acts.

Section 1: The Concept of Civil Juristic Acts.

Section 2: Classification of Civil Juristic Acts.

Section 3: Requirements for Civil Juristic Conduct.

Section 4: Expression of Intent.

Section 5 is inconsistent with the expression.

Section 6 means not free.

Section 7: Conditions and Time Limits.

The eighth period of the day and period.

Section 9: Interpretation of Civil Juristic Acts.

Section 10: Invalidation and Revocation of Civil Acts.

CHAPTER VII.

Section I** of the concept.

Section 2**Relationships.

Section 3** Rights.

Section IV** Classification.

Section 5** Conduct.

Section 6 No Authority**.

Section VII is shown in **.

Chapter VIII: Statute of Limitations.

Section 1: The Concept of Statute of Limitations.

Section 2: Effect of the Statute of Limitations.

Section 3: The Object of the Statute of Limitations.

Section 4: Statute of Limitations.

Chapter IX Validity, Application and Interpretation of the Civil Law.

Section 1: Effect of Civil Law.

Section 2: Principles for the Application of Civil Law.

Section 3: Application and Interpretation of the Civil Law.

Section 4: Methods of Interpreting the Civil Law and Methods of Supplementing Loopholes.

The general theory of civil law is a general discussion of the civil law system, the principles of the civil law, the civil law system, etc., is a general exposition rather than a specific sub-theory, is the embodiment of a doctrine, every scholar who is new to the study of civil law should read more books and periodicals such as the general theory of civil law, which is helpful to build a system, and for some basic systems, it is necessary to have a concept that has a role in laying the foundation for the later study of property law and contract law.

Introduction. Chapter I: Law, Private Law, and Public Law.

1. The meaning of the law.

Private law and public law.

Chapter II Civil Law and Civil Code Code.

1. The meaning of civil law.

(2) Preparation of the Civil Code.

Chapter III: Sources of Law of the Civil Law.

1. Enactment of laws.

2. Non-regulation and omission laws.

Chapter IV: Types of Civil Law Regulations.

1. Inherent law and succession law.

2. Substantive and procedural law.

3. Common law and lex specialis.

IV. Law of Principles and Law of Exceptions.

5. Jus cogens and non-jus cogens (arbitrary law).

Chapter V: Effect of Civil Law.

1. On the validity of the civil law at the time.

2. On the validity of the civil law of persons (private international law).

3. On the validity of the civil law of the land.

4. On the validity of the civil law of the matter.

Chapter VI Rights and Obligations under Civil Law.

Section 1 Rights.

1. The nature of rights.

2. Rights under civil law.

3. Classification of private rights.

4. Coexistence of rights.

5. Exercise of private rights.

Section 2 Obligations.

1. The concept of obligation.

2. The relationship between obligations and rights.

3. Subject of Obligations.

4. Performance of obligations.

5. Types of Obligations.

Section 3 Guiding Principles of Rights and Obligations.

1. Public interest.

2. Social order.

Chapter VII Civil Law (Interpretation of Civil Law).

1. Civil Law and Interpretation of Civil Law.

2. The tasks of the Chinese nation.

3. Research Methods of Civil Law.

4. Interpretation of the type of shanty in the civil law.

Chapter VIII: The Relationship between Civil Law and Other Laws.

1. Civil law and special civil law (commercial law).

Civil and other special laws.

3. Guessing, Civil Law and Social Law.

Chapter IX The Legislative Process of China's Civil Law.

Chapter 10 Characteristics and Legislative Spirit of the New Civil Law.

This treatise (General Provisions of the Civil Code).

Chapter 1 Laws.

Chapter II: Subjects of Rights.

Chapter 3 Things.

Chapter IV: Legal Acts.

Chapter 5 Date and Period.

Chapter VI Statute of Limitations.

Chapter VII Exercise of Rights.

Appendix I Questions asked.

General Provisions of the Civil Law, Personality Rights, Family Law, Inheritance Law, Property Rights, General Provisions on Creditor's Rights, Contract Law, General Provisions on Intellectual Property Rights, and Tort Law.

1.Origin Rank Bai

Duan derives from the ancient Greek philosophical du thought (the ability of freemen to know, understand, and evaluate civil society).

2.Formed in the ancient Luo Huima period, the 5th century BC, the 10th century AD, the "Twelve Bronze Table Law", the "Encyclopedia of National Law" (including the "Compendium of Doctrines", "Ladder of Law", "New Law", and "Code").

3."3r"Period: First r: The revival of Roman law was divided into the pre-exegetical school and the post-exegetical school of law.

The second r: the Renaissance, the humanist revolution, the autonomy of will, the creation of all men equal, the foundation of civil rights.

The third r: the Reformation and the emancipation of the mind.

4.Industrial Revolution: The emergence of the organization of legal persons Human rights are respected not only in society but also in law.

5.Enlightenment period: The rational legal school advocated the establishment of a civil law society with autonomy of will as the core.

6.Natural law school: advocates human rights, advocates freedom and equality, and advocates the rule of law.

7.Codification movement: The French Civil Code of 1804 was modeled on the Ladder of Jurisprudence Pendeketon technique.

German Civil Code of 1900 Blueprint for the Compendium of Doctrines.

Apply for administrative reconsideration or file an administrative lawsuit in the court.

1. Wang's conduct constitutes a prima facie**. According to Article 49 of the Contract Law, "if the actor does not have the right to do so, exceeds the right or enters into a contract in the name of the person subject to the contract after the termination of the right, and the counterparty has reason to believe that the actor has the right to do so, the act is valid."

Although Wang exceeded his right to purchase sugar from the local product company in the name of the pastry factory, because he held a blank letter of introduction and work permit from the pastry factory, the local product company had reason to believe that Wang had the right to do so, and Wang's behavior had constituted a performance.

2. The pastry factory shall pay the loan to the local product company. Because Wang's ** behavior is valid, his ** behavior causes a legal relationship between the counterparty and the ** person, and the ** person, that is, the pastry factory, cannot shirk the responsibility on the grounds that he is not at fault.