法律行为的效力依据

法律行为的效力依据一直就是法律行为理论中较有争议的话题。在长期的发展中形成了意思说、信赖说、折衷说、规范说等观点,这些观点从不同的角度论述了法律行为的效力依据,但也有明显的不足之处。法律行为的效力依据是意思与法律规范的结合,行为主体按照自己的意思,使自己的行为符合法律关于法律行为的成立和生效要件,从而使之产生法律行为的效力。

On the Basis of the Effect of a Legal Act

The basis of the effect of a legal act is a constant controversy in theories. In the long history of theoretical development, some doctrines are set forth, such as the meaning theory, the faith theory, the compromising theory, the standard theory, etc. These doctrines elaborate the basis of the effect of a legal act from different angles, but all have obvious deficiencies. The basis of the effect of a legal act is a combination of meanings and legal norms. According to his meanings, an actor adapts his behavior to the requirements concerning the ascertainment and effectiveness of a legal act so as to make the legal act take effect.