The Determination of Direct Combination and Indirect Combination in Civil Law
In civil law, direct combination and indirect combination were important criteria to judge whether two contracts constituted the same meaning. The direct combination refers to the mutual confirmation of the two contracts directly through the expression of will. That is, one party directly sends the intention to the other party to express that the other party directly accepts and performs it. An indirect combination refers to the mutual confirmation of two contracts through the implication or implication of one party. That is, one party implies that the other party performs the contractual obligations through his own behavior or words. The following aspects need to be considered when determining whether the two contracts constitute a direct or indirect combination: 1. Whether the contents of the contract are directly confirmed with each other. If the contents of the two contracts directly confirm each other, that is, the contents of any one of the contracts directly apply to the other contract, then the two contracts constitute a direct combination. On the contrary, if the contents of the two contracts need to be confirmed by other means, such as the terms of the contract need to be explained by legal provisions, then the two contracts constitute an indirect combination. 2. Whether the parties to the contract confirm each other directly. If the parties to the two contracts directly confirm each other and fulfill their contractual obligations, then the two contracts constitute a direct combination. On the other hand, if the parties to the two contracts confirm and fulfill their contractual obligations through implication or implication, then the two contracts constitute an indirect combination. 3. Whether the contract is based on a declaration of will. If the two contracts were based on mutual recognition, then the two contracts constituted a direct combination. On the other hand, if the two contracts are based on implied or implied mutual confirmation, then the two contracts constitute an indirect combination. The identification of direct combination and indirect combination requires comprehensive consideration of factors such as the content of the contract, the behavior of the parties to the contract, and the intention of the contract to ensure that the content and behavior of the two contracts can directly and indirectly confirm each other and form a consistent intention.
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