What is a legal fact, a civil act, a factual act?

Civil legal facts are phenomena prescribed by law that can cause the creation, alteration, and termination of civil legal relations. As mentioned above, a civil legal relationship is a relationship of rights and obligations formed between subjects due to the adjustment of civil legal norms, but civil legal norms themselves cannot directly form civil legal relations between subjects, nor can they change or eliminate a legal relationship. There are three basic conditions for the creation, modification and extinction of a civil legal relationship:

Civil legal norms, civil subjects, and civil legal facts. Among them, civil legal norms and civil subjects are the abstract conditions for the emergence of civil legal relations, while legal facts are the specific conditions for the emergence of civil legal relations. Only after the occurrence of certain legal facts can a civil legal relationship arise and be changed or extinguished due to the occurrence of certain legal facts.

Acts are further divided into civil acts and de facto acts.

The civil capacity of a legal person.

The capacity for civil conduct of legal persons refers to the ability of legal persons to obtain civil rights and bear civil obligations through their own independent acts, and is the ability or qualification granted by the state to social organizations to independently carry out civil activities. �

There were differing views on the question of the incapacity of legal persons. Those who hold the theory of legal person fiction believe that legal person is a fiction of the law, has no capacity to will, and has no capacity to act, and the civil acts of legal persons are realized through ** person. Those who hold the theory of legal person reality believe that a legal person is a real thing in society, and that it also has the ability to have meaning and conduct, and that the legal person realizes its will through its own organs and participates in various civil activities.

Therefore, Article 36 of the General Principles of the Civil Law clearly stipulates that a legal person is an organization with the capacity for civil rights and civil conduct. �

Administrative factual acts refer to acts carried out by administrative entities based on their authority that cannot create, alter or extinguish administrative legal relations, and have the three characteristics of being administrative, unable to create, modify or extinguish administrative legal relations, and causing damage to rights and interests.

In the history of world jurisprudence, it was the German jurist Jelinek (1851-1911) who really introduced the concept of administrative factual acts into the field of administrative law. For the first time, he divided the administration into public administration and treasury administration, and the public administration was further divided into high-power administration and simply high-power administration. However, simple high-power administration, such as the construction of streets, the laying of green spaces, the construction of garbage incinerators, or the elimination of traffic accidents, is also known as administrative de facto acts.

Legal facts are phenomena prescribed by law that can cause the creation, alteration and termination of legal relationships. A major feature of a legal fact, it must conform to the situation assumed in the logical structure of legal norms.

Civil acts are acts of citizens or legal persons establishing, changing, or terminating civil rights and obligations. Civil acts include; Civil juristic acts, invalid civil acts, civil acts that may be modified or revoked, and civil acts whose validity is to be determined.

Legal acts are the lawful acts of citizens or legal persons to establish, change, or terminate civil rights and obligations. The forms of civil juristic acts are divided into; There are three types of written, oral, and essential civil juristic acts.

Legal Analysis: Main Differences Between Factual Acts and Civil Acts:

1. The factual act does 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 3 months of filing the case in the second-instance trial. 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.

A factual act is a type of civil act.

Civil acts include 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. Factual acts can also give rise to legal consequences, and they directly produce legal consequences 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 heirs inherit the house, which is a civil legal act.

1. What is a valid civil juristic act?

Civil acts are acts of natural persons or legal persons establishing, modifying, or terminating civil rights and obligations. 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.

II. The Distinction Between Factual and Civil Acts.

Civil acts are the superordinate concepts of civil juristic acts, including civil juristic acts, invalid civil acts, revocable civil acts, and civil acts whose validity is undetermined, excluding factual acts such as torts, breach of contract, and management acts without cause.

1. The factual act of fierce resistance does not take the expression of intention and thought as a necessary element at all, while the civil act takes the expression of intention as a necessary element;

2. Factual acts directly produce legal consequences in accordance with the provisions of law, and civil acts take effect according to the content of the actor's expression of intent;

3. A factual act can only have the effect of being prescribed by law when the actor's objective act meets the statutory constitutive requirements, and the essence of a civil act lies in the expression of intent, not in the composition of facts;

4. The constitution of a factual act does not require the actor to have the corresponding capacity for civil conduct, and the civil act is subject to the actor's capacity for civil conduct as a condition for its effectiveness. For example, pre-occupation, processing, management without cause, the discovery of lost property, the discovery of buried objects, and the payment of the subject matter of the creditor's right are all factual acts.