The Judical Act. A study into the theoretical concept of an act that aims to create new legal facts
PhD student: Mrs H.D.S. van der Kaaij
Promotor: Prof J.C. Hage
Duration: 15/1/2011 - 14/1/2015
PhD defence: Maastricht, 25/5/2016
The legal transaction is one of the most important concepts of law. Legal transactions are acts by means of which changes in legal positions and relations are intentionally brought about. They occur in all subfields of the law. While an overarching concept of a legal transaction and studies on legal transactions in all subfields of law do exist, these studies have a limited scope. A well-developed theory of legal transactions is still lacking. The general regulation of legal transactions in the third book of the Dutch Civil Code is developed for private law and is therefore only of limited use outside private law. The proposed research aims to lay the foundations for a general theory of legal transactions, which will be suitable for both public and private law. The research means to achieve this goal by a comparative analysis of nullities in private and administrative law.