How to distinguish between civil juristic acts, quasi civil juristic acts, and de facto acts? 50

So what kind of answer do you want, that's the definition. You don't want nouns, you have to ask.

This requires you to start with the basic concepts that make up the definition.

Legal analysis: the main differences between factual acts and civil acts: 1. Factual acts do not take the expression of intent as a necessary element at all; The expression of intent is a necessary element in civil acts.

2. The factual act directly produces legal consequences in accordance with the law; Civil acts take effect on the basis of the content of the actor's expression of intent. 3. A factual act has the effect of being prescribed by law only when the actor's objective act meets the statutory constitutive requirements; The essence of a civil act lies in the expression of intent, not in the composition of facts.

Legal basis: Article 176 of the Civil Procedure Law of the People's Republic of China: People's courts hearing appeals against judgments shall complete trial within three months from the date on which the second-instance trial is filed. Where there are special circumstances that require an extension, it is to be approved by the president of that court.

People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

Legal analysis: "Factual acts" refer to acts that the actor does not have the intention of establishing, modifying, or terminating civil legal relations, but can cause civil legal consequences in accordance with the provisions of the law. 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.

Legal basis: Civil Code of the People's Republic of China Actual acts include: management without cause, legitimate defense, emergency avoidance, tort, breach of contract, recovery of lost property, discovery of buried objects, etc.

Article 13 of the Civil Code of the People's Republic of China From the time of birth to the time of death, natural persons have the capacity for civil rights, enjoy civil rights in accordance with law, and bear civil obligations. "Having the capacity for civil rights means that a natural person has the qualification to participate in civil activities, but whether or not this qualification can be used is also restricted by subjective conditions such as the natural person's rationality and cognitive ability. Those who have the capacity for civil rights do not necessarily have the capacity for civil conduct.

1. The relationship between the expression of intention and its necessary elements

1) The factual act does not have an expression of intent as a necessary element at all;

2) The expression of intent is a necessary element of a civil act, and the civil juristic act may be established on the basis of the unanimous expression of intent of two or more parties, or it may be established on the basis of a unilateral expression of intent;

2. Reasons for the occurrence of effectiveness:

1) The factual act directly produces legal consequences in accordance with the law;

2) The civil act takes effect based on the content of the actor's expression of intent;

3. The essence is different

1) A de facto act only takes effect as prescribed by law when the actor's objective conduct meets the statutory constitutive requirements;

2) The essence of a civil act lies in the expression of intent, not in the composition of facts.

Legal basisArticle 133 of the Civil Code of the People's Republic of China.

Civil juristic acts are acts in which a civil subject establishes, modifies, or terminates a civil juristic relationship through an expression of intent.

Article 134.

A civil juristic act may be established on the basis of the unanimous expression of intent of two or more parties, or it 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.

The difference between a civil legal fact and a civil juristic act is that the legal act is divided from the factual act".

Civil legal facts are divided into:

Events and acts, acts are divided into civil acts (expression of intent acts) and factual acts (non-expression of intent acts) according to whether there is an expression of intent of the parties, and civil acts are divided into civil juristic acts (lawful civil acts) and flawed civil acts (invalid, effect pending, revocable, and changeable) according to whether they are legal (valid).

Therefore: (1) civil juristic acts correspond to flawed civil acts, emphasizing whether the actor has or is fully capable; The factual act corresponds to the civil act, and the emphasis is on whether the actor has the intention to express it.

2) Civil juristic acts are acts of expression of intent, and factual acts are non-expressions of intent (3) The consequences of civil juristic acts depend on the actor's expression of intent, and the consequences of factual acts depend on the direct provisions of the law.

c. Formation of a custody contractual relationship.

Legal facts: include events and acts, where acts also include factual acts and legal acts.

1. Event: a fact that is not governed by the will of the parties and has nothing to do with the parties' expression of intent.

Events include natural events and perceived events.

1) Natural events: completely irrelevant to the will of man. Such as thunder, wind, rain, ** tsunami (2) man-made events: It is related to people's will, but the parties cannot control it. Such as war, strike, unrest.

2. Behavior: including ideographic acts (legal acts) and non-ideographic acts (factual acts).

1) Legal act (ideographic act): The activity carried out by the actor through the expression of intention is a conscious activity that is thought about in advance before doing something. Ideographic acts include civil acts, changeable and revocable civil acts, civil acts whose validity is undetermined, revocable civil acts, and invalid civil acts.

2) Factual acts (non-expressive acts): acts that do not express intent, but can produce legal effects; Factual acts include: tortious acts, management without cause, unjust enrichment, picking up lost property, discovery of buried objects, preemption, creation, etc.