On the Determination of the Intention of Unity in Legal Acts:A Study Based on Partial Invalidity of Legal Act
The issue of whether the invalidity of a part of a legal act impacts the validity of the remaining parts is addressed by the partial invalidity provision outlined in Article 156 of the Civil Code. One of the prerequisites for applying the partial invalidity rule is that the relevant legal act constitutes a unity. Only the legal act with unity involves the issue of the relationship between parts and the whole. To determine whether the relevant legal act constitutes a unity,the core consideration should be whether the parties involved have the intention of unity. The intention of unity includes both expressly stated unified one and presumed unified one. If there is no explicit intention of unity,the intention of unity can be presumed based on the unity in establishment and the unity in economics by the legal act. If there are different parties involved,or if related contracts constitute joint contracts,the intention of unity cannot be applied,and the relevant legal acts do not constitute a unity.
Legal ActsPartial InvalidityUnified EffectivenessIntention of UnityJoint Contracts
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