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民事法律行为制度,又称法律行为制度,在我国民事法律理论体系中发挥十分重要的作用。然而关于民事法律行为的性质,我国法学界众说纷纭,莫衷一是,尤其对于民事法律行为是否必须具备“合法性”存在较大争议。为了明晰民事法律行为的本质属性,本文将对民事法律行为制度的合法性进行辨析,通过比较中外民事法律行为制度的差异,以尝试对民事法律行为做出较为贴近原意的解释,从而为学术探讨提供参考意见。
Civil legal behavior system, also known as legal system of conduct, plays a very important role in the theoretical system of civil law in our country. However, with regard to the nature of civil legal acts, there are many differences and misunderstandings among the legal circles in our country. In particular, there is much controversy over the necessity of having “legal” civil legal acts. In order to clarify the essential attribute of civil legal act, this article will analyze the legitimacy of civil legal act system. By comparing the difference of Chinese and foreign civil legal act system, try to make a closer explanation to civil legal act, Provide reference.