论中国《民法总则》规定之意思表示

Discussion on Declaration of Will in General Provisions of the Civil Law of China - Comparing with relevant clauses in Civil Law in Taiwan, China

General Provision of the Civil Law of the People Republic of China passed in the Fifth Session of the Twelfth National People s Congress, on March 15th, 2017, and runs on October 1st, 2017. China s civil law system has not been able to establish a set completely since the General Provision of the Civil Law passed. General Provision of the Civil Law opened the first page of the Civil Code, and laid a solid foundation for the compilation of our Civil Code. According to the planning of national legislation, China s Civil Code will come out in 2020. The important conclusion of the General Provision of the Civil Law is setting the juridical acts as a chapter. In this chapter, declaration of will sets as a section. It signifies that juridical is the main legislative line, and declaration of will is at the core position. It also abandoned legislation for legitimacy as the core of juridical acts. Comparing General Provisions of Civil Law with juridical acts of General Principle of the Civil Law of the People’s Republic of China and Contract Law of the People s Republic of China, makes very important breakthrough on China s civil law system, and this law system needs to be . This article mainly discusses the main content of the clause of Declaration ofWill in General Provisions of Civil Law, points out the legislative defects and propose the solutions, compares with the relevant clauses of Civil Law in Taiwan.