The limitation of legal effect of “Juridical Act” of DCFR with reference to the limitation of “Civil Transaction” of VCC
The limitation of legal effect of “Juridical Act” of DCFR with reference to the limitation of “Civil Transaction” of VCC g8Myd
The comment of Article II. - 1: 101 DCFR says about Juridical act: “It covers not only contracts but also many other acts which are intended to have legal effect – including offers, acceptances, unilateral promises or undertakings intended to be binding without acceptance; unilateral grants of authority to act as a representative; unilateral grants of consent or permission; unilateral acts of ratification or approval; unilateral acts of withdrawal, revocation, avoidance or termination; and unilateral acts granting, transferring or waiving rights. ” According to this comment, Juridical act can have a lot of legal effect respectively to variety of fields and covers all aspects of civil law.
Article 116 (2015 – VCC) defines a civil transaction as “A civil transaction is a contract or a unilateral legal act which gives rise to, changes, or terminate civil rights and/or obligations. ” Article 116 (2015 -VCC) mentions about three legal effects of Civil Transaction, which gives rise to, changes, terminate, with the purpose to cover every side of civil law.
Comparing these two articles, DCFR tend to have a much obvious point of view of legal effect than VCC. It is a shortage of VCC to discuss definition of civil transaction – a general provision used for a civil law code, with only three legal effects. On the contrary, the provisions of obligation, and relevant provisions discuss many legal consequences than the stated legal effects.
The comment of Article II.
-
1: 101
DCFR
says about Juridical
act
: “It covers not
only
contracts
but
also
many
other
acts
which
are intended
to have
legal
effect
–
including offers, acceptances, unilateral promises or undertakings intended to be binding without acceptance; unilateral grants of authority to
act
as a representative; unilateral grants of consent or permission; unilateral
acts
of ratification or approval; unilateral
acts
of withdrawal, revocation, avoidance or termination; and unilateral
acts
granting, transferring or waiving rights. ” According to this comment, Juridical
act
can have
a lot of
legal
effect
respectively
to variety of fields and covers all aspects of
civil
law.
Article 116 (2015
–
VCC) defines a
civil
transaction
as “A
civil
transaction
is a contract or a unilateral
legal
act
which gives rise to,
changes
, or terminate
civil
rights and/or obligations. ” Article 116 (2015 -VCC)
mentions about three
legal
effects of
Civil
Transaction
, which gives rise to,
changes
, terminate, with the purpose to cover every side of
civil
law.
Comparing these two articles,
DCFR
tend to have a much obvious point of view of
legal
effect
than VCC. It is a shortage of VCC to discuss definition of
civil
transaction
–
a general provision
used
for a
civil
law code, with
only
three
legal
effects.
On the contrary
, the provisions of obligation, and relevant provisions discuss
many
legal
consequences than
the stated
legal
effects.
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