南都学坛：南阳师范学院人文社会科学学报2011，Vol.31Issue(5)：78-87,10.
自然人民事行为能力制度的类型化及其效力——兼论我国现行民事行为能力制度之完善
Studies on the Capacity for Civil Conduct of Natural Person——From the Perspective of Classification and Legal Effect of Civil Conduct
摘要
Abstract
In nature,the capacity for civil conduct is the fulfillment of the rationalism and the capacity for civil rights.The classification of capacity for civil conduct can promote the personal freedom of natural person.The direct intention of such classification is that it can ascertain the different legal force of juristic acts,which is actualized by person who has different capacity for civil conduct.The prime intention of such classification is to protect such person who has something wrong with their mental capacity,as well as safeguard the transaction security.The basis of classification is mental capacity,and the standards of classification comprise age and mental condition.There are two typical patterns of such classification,including the three legal types of German Civil Code and the two legal sorts of Japan Civil Code.The difference between them mainly focuses on the following aspects.One is that the legal system for the people without capacity for civil conduct should be legislated or not,and the other is how to formulate the legal force of behavior of the person who has incompetent capacity.The relevant legislation of the three legal types should be reformed and refined,and the correlative theories of the two legal types should be arranged more coherent.We have to pay more attention to the defects of our country＇s legal system of the capacity for civil conduct,both the concrete classification and the legal regulations on behavioral validity.关键词
民事行为能力制度/类型化/意思能力/三级制模式/两级制模式Key words
the legal system of the capacity for civil conduct/classification/mental capacity/the three legal types/the two legal types分类
社会科学引用本文复制引用
郑晓剑..自然人民事行为能力制度的类型化及其效力——兼论我国现行民事行为能力制度之完善[J].南都学坛：南阳师范学院人文社会科学学报,2011,31(5):78-87,10.
