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本文认为,公证本质是意思受领、固定并传递。一、对公证本质的认识首先分析一个基础概念——法律行为。法律行为的概念是所有在法律秩序中形成的行为类型的抽象,就法律秩序针对这些行为类型所规定的内容而言,其目的在于使个体能够以意思自治的方式通过制定规则来形成、变更或消灭法律关系,也即旨在实现私法自治原则。尽管法律秩序中旨在以私法自治形成法律关系的各种行为类型大多非为法律有意识的创造,它们在获得法律秩序的认可之前业已存在于人们的交易活动之中,然而这些行为因法律秩序的将其作为形成法律关系的行为类型予以认可而成为“法律
This paper argues that notarization is the essence of meaning, fixed and passed. First, the understanding of the notarial nature of the first analysis of a basic concept - legal acts. The concept of legal act is an abstraction of all the types of conduct that form in the legal order whose purpose is to enable an individual to form, alter, or rule by law, in the manner of autonomy of means, in the sense that the legal order is directed at those types of conduct Eradicate the legal relationship, that is, to achieve the principle of self-government of private law. Although most of the various types of behavior in the legal order that aim to form a legal relationship with the autonomy of private law are mostly not lawfully created, they are already in people’s trading activities until they are recognized by the legal order, which, however, Recognize this as a type of behavior that forms the legal relationship to become ”law."