Reflection and Rebuilding of System of Capacity for Civil Conduct
2005
There are two types of legislation on capacity for civil conduct.One is there-level system,which is set by the German law and follow by China;the other is two-level system,which is adopted by Japanese and French civil laws.Since there are many disadvantages existing in the former system,such as lack of reasonable protections for non-capacity and limited-capacity people,lack of respects for party autonomy of this group,and hindering effectiveness of legal conducts and efficiency of transaction,this study suggests that the Chinese Civil Code adopt the two-level system and improve some relating system.
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