"Expression of will" is an important and difficult problem in civil code. The vast majority of civil legal relations and civil disputes originate from civil legal acts. The expression of will is the premise of civil juristic act; True expression of will is one of the legal requirements for the validity of civil juristic act. So that's the point. There are not many legal provisions on the expression of will in the civil code, and many problems need to be correctly grasped in legal theory. So it's a difficult problem.
The concept and constituent elements of expression of will .
This is not stipulated in the civil code. Theoretically, it is generally believed that the expression of will refers to the external expression of the inner meaning which attempts to produce certain effects in private law, and the inner meaning is objective and integrated with the external expression; The constituent elements include subjective elements (intention of purpose, intention of effect, intention of expression and intention of action) and objective elements (concrete action of intention expression)
How to make the expression of will
Express and implied. if the expression of will is made by means of silence, it can only be regarded as the expression of will unless it has legal or agreed basis or conforms to the trading habits between the parties.
Effective time of expression of will
If it is made by way of dialogue, it will take effect when the opposite party knows it; If it is not made by dialogue, it will take effect when it reaches the opposite party; If there is no counterpart, the expression shall take effect upon completion, unless otherwise provided by law; If it is made by way of announcement, it shall take effect when the announcement is made.
After the declaration of intention is made, it can be withdrawn, but the withdrawal notice must arrive at the opposite party in advance or at the same time.
The defects of intention expression include the defects of intention and the defects of expression. Meaning defect refers to the fact that it is not the true meaning of the heart before it is expressed, for example, it is forced to be made; The defect of expression refers to the defect of meaning caused by the way and ability of expression. Express and implied. Among them, if the expression of will is made by means of silence, it can only be regarded as the expression of will if it has legal or agreed basis or conforms to the trading habits between the parties.
How to deal with the defect of meaning expression?
First of all, the interpretation of the expression of will should be dealt with in accordance with the law: the interpretation of the expression of will of the opposite party should be determined according to the words and sentences used, combined with the relevant provisions, the nature and purpose of the act, habits and the principle of good faith; The interpretation of the expression of the will without the counterpart can not be completely confined to the words used, but should be combined with the relevant provisions, the nature and purpose of the act, habits and the principle of good faith to determine the true meaning of the actor.
Secondly, if there is evidence to prove the existence of fraud, coercion, major misunderstanding, the use of distress, lack of judgment and other circumstances leading to obvious unfairness, then the right to revoke can be exercised in accordance with the law. If the right to revoke is not exercised within the legal time limit, it is deemed to be effective.
Finally, the civil legal act with untrue expression of will is invalid. The question is how to judge whether it is true? There are three views in academic circles, which are called "meaning doctrine", "Expressionism" and "eclecticism". Intentionalism protects the true meaning of the ideographer, holding that only the ideographer is qualified to interpret his true meaning, not the ideographer, and is not qualified to interpret the true meaning of others. However, the ideographer may lie when explaining his true meaning, so expressionism holds that it is necessary to protect the bona fide trust interests and transaction security generated by the opposite party in understanding, rather than allowing the ideographer to make false explanations. Eclecticism holds that true intention, bona fide trust interest and transaction security should be protected, so concrete problems should be analyzed.