Civil juristic act is a gift of sale, which is a legal act of both parties. Civil rights and obligations shall be established, changed and terminated by citizens.
1. Characteristics of legal acts (the core element of will expression, the purpose of producing effect in private law)
Classification of legal acts (unilateral legal acts, bilateral legal acts and multilateral legal acts)
A unilateral act is a legal act that can be established. Such as offering a reward, making a will and setting up a consortium.
The legal acts of both parties are legal acts that can only be established when both parties reach an agreement. Such as sales contracts, entrustment contracts, etc.
A legal act that can only be established by multiple legal acts.
2. Burden behavior refers to the legal behavior that produces one or more creditor's rights, or the legal behavior that leads to the obligation to pay. For example, a reward advertisement.
The so-called disciplinary action refers to the act of directly affecting existing rights or legal relations, changing or transferring a right, or setting a burden on a right or canceling a right.
3. A paid legal act is a kind of legal act. On the one hand, it gives the other party a certain benefit by fulfilling the obligations stipulated in the legal act, and the other party must regard the benefit as a reward. Sales contract is the most typical paid legal act. Gift contract is a free legal act.
4. The legal act of promise refers to a legal act in which one party's intention indicates that once the other party agrees, it can produce legal effect, that is, the so-called "promise is success" act.
Actual legal act, also known as "substantive legal act", refers to a legal act that cannot be established unless the parties agree on their intentions.
5. The so-called essential legal act refers to the legal act that should be implemented according to the law or the way agreed by the parties. To establish a mortgage, the parties shall conclude a mortgage contract in writing.
The so-called "don't" legal act means that the legal basis of the charity behavior of the parties does not need to take a specific form, and the parties can take oral, written or other forms.
The legal difference between important forms and unnecessary forms lies in whether some form should be used as a condition for the establishment or effectiveness of legal acts.
6. The cause of death behavior is "post-mortem behavior", which refers to the legal behavior with the actor's life and death as the effective condition. The most typical cause of death is a will. All legal acts except the cause of death are pre-existing acts.
1. People without civil capacity include people under the age of 10 and mental patients who can't recognize their own behavior.
First, the real right refers to the right holder's direct control and exclusive right to a specific object according to law, including (property right, usufructuary right and security right).
Property right is characterized by a dominant right and an absolute right, also known as "the right of the world".
Second, the difference between real right and creditor's right
Property right and creditor's right are the two most basic types of property in civil law.
Property right is the right to dominate and the right to the world, while creditor's right is the right to claim and the right to human rights.
Property rights are exclusive, while creditor's rights are equal.
The principle of specificity of real right is also called "the principle of specificity of real right object" or "the principle of one thing and one right", which means that the object of real right must be specific.
Three, the change of real right refers to the establishment, transfer, change and elimination of real right caused by legal acts. Reasons outside the law include (legal inheritance, effective legal documents, government expropriation, legal building, house demolition).
4. Ownership refers to all the characteristics of ownership according to law (the right to possess, use, benefit and dispose of one's own property);
Integrity, wholeness and permanence.
The differentiated ownership of the owner's building refers to the owner's ownership of the exclusive parts of the building, such as houses and business buildings, and the management right of the * * * parts except the professional parts.
The main body of the owner includes the owner of the house recorded in the real estate register, such as the purchaser who has registered the transfer of house ownership in the sale of commercial housing. 2. Obtaining the ownership of the house according to the effective legal documents such as the people's court, obtaining the ownership of the house through inheritance or will, and building the house according to the law. 3. Based on the civil legal act of buying and selling commercial housing with the construction unit, the person who has legally occupied the exclusive part of the building but failed to register the ownership according to law.
The owner's right to * * is part of the owner's right to * * according to laws, contracts and owners' conventions.
All owners have some 1. The right to use construction land within the construction area. 2. Roads and green spaces in the building area. 3. Other offices, public facilities and property services within the construction area. 4. Parking spaces and garages.
* * * refers to the state that two or more civil subjects have the same ownership of the same thing.
There are two kinds of * * * yes, and * * * is the same * * A, which is based on the fact that * * * is the same and on the premise that * * * is the same. For example, * * * is a husband and wife, which is based on the relationship between husband and wife. B. the difference between enjoying rights and assuming obligations C. the restrictions on division are different.
According to their respective shares, there are indexers who have the right and obligation to share the property.
* * * and * * have a certain * * relationship formed by indexers according to the provisions of the law or the contract, and * * * has the common ownership based on this * * relationship.
Characteristics of * * * and * * *: a.*** is produced on the basis of * * * *. B.*** and * * * During the relationship with * * * *, a person does not have any share in the property of * * * *, and this person has the right to possess, use, benefit and dispose of the whole property of * * * *, and at the same time assumes obligations for the whole property of * * * *.
Usufructuary right refers to the limited property right that gives meaning to the use and income of things owned by others within a certain range.
Characteristics of usufructuary right: usufructuary right is a group of property rights, a restricted property right and other property rights, but usufructuary right is a limited property right with possession, use and income as its content. It is a real right with real estate as the object.
The right to use construction land refers to the right enjoyed by units or individuals to build buildings or other objects on state-owned land according to law, and to possess, use and profit from them.
Features: The right to use construction land is a usufructuary right based on the ownership of state-owned land. The right to use construction land can be established on the surface, above ground or underground of the land. If there is a time limit, they will live for 70 years, industrial for 50 years, education, science, technology, culture, health and sports for 50 years, commercial tourism and entertainment for 40 years, and comprehensive or other 50 years.
Ways to obtain the right to use construction land A. Transfer of the right to use construction land (refers to the act of transferring the land use right to the land use right holder within a certain period of time as the national land owner, and the land user pays the land use right transfer fee to the state). B. Allocating the right to use construction land (refers to the act of transferring the right to use land after the land user pays the compensation and resettlement fee with the approval of the people's government at or above the county level according to law) C. Allocating construction land. Sales, reciprocity and gifts.
The right to use the homestead refers to the right of members of rural collective organizations to build houses on the homestead according to law.
Ways of obtaining homestead: a. Obtaining new homestead use right through examination and approval. B homestead acquired by members of collective organizations through internal transfer and inheritance.
Easement refers to the right of real estate owners to use real estate owned by others or legally acquired real estate through legal acts in order to facilitate the use of real estate.
Features of easement: usufructuary right to use real estate owned or used by others. B the subject can be both the owner and the user of the real estate.
C. the target real estate D. the usufructuary right set by the right holder to improve the efficiency of its real estate.
Property characteristics of mortgage: a kind of security property right, which is set on the property of the debtor or the third party, is a property right that does not transfer the possession of the property and is a property right that is preferentially compensated by the mortgaged property.
What can be mortgaged are: buildings, land and other attachments on the ground, the right to use construction land, the contracted management right of wasteland obtained through bidding, auction and public consultation, production equipment, raw materials, semi-finished products, products, buildings under construction, ships, aircraft, vehicles, etc.
The properties prohibited from mortgage include: land ownership, cultivated land, homestead, private plots, private hills and other land use rights, educational facilities, medical and health facilities of schools, kindergartens, hospitals, public welfare institutions and social organizations, ownership, property sealed up and detained according to law, supervised property, and other properties that cannot be mortgaged according to laws and regulations.