Law and Life: Constituent Elements of Key Knowledge Points

Compiled on: May 31, 2026 ---

I. Valid Requirements for Civil Juristic Acts

• The actor has the corresponding capacity for civil conduct
• The declaration of intent is genuine
• Does not violate mandatory provisions of laws or administrative regulations
• Does not contravene public order and good customs ## II. Requirements for Contract Formation
• The parties reach mutual agreement (offer + acceptance)
• The parties have the corresponding capacity for civil conduct
• The contract content is specific and definite
• The declaration of intent is genuine
• Form: oral/written/other (if the law requires a written form, it must be in writing) ## III. Constituent Elements of Liability for Breach of Contract
• There is a valid contract
• There is a breach of contract (non-performance/incomplete performance/delayed performance)
• There is no ground for exemption (force majeure, etc.) ## IV. Constituent Elements of Tort Liability (General)
• There is a tortious act (act or omission)
• There is damage (personal injury/property loss)
• There is a causal relationship between the tortious act and the damage
• The actor is at fault (intentional or negligent) ⚠️ Special torts (e.g., animal-inflicted harm, falling objects from height) apply no-fault liability or presumption of fault, and the victim is not required to prove fault ## V. Elements of Intellectual Property Infringement ### Copyright Infringement
• Without permission + using another's work + not falling under fair use/statutory license ### Patent Infringement
• Without permission + for production and business purposes + exploiting another's patent (manufacturing/using/selling/importing) ### Trademark Infringement
• Without permission + using an identical or similar trademark on the same or similar goods + likely to cause confusion ## VI. Elements of Infringement of Personal Rights ### Right to Life/Right to Bodily Integrity/Right to Health
• Causing personal injury/disability/death ### Right to Name
• Interfering with, misappropriating, or counterfeiting another's name ### Right to Portrait
• Without consent + making/using/disclosing another's portrait ### Right to Reputation
• By means of insult, defamation, etc. + resulting in a decline in social evaluation ### Right to Privacy
• Prying into, intruding upon, disclosing, or making public another's private information ### Right to Personal Information
• Illegally collecting/using/processing/transmitting another's personal information ## VII. Requirements for Marriage ### Substantive Requirements
• Both parties are completely voluntary
• Have reached the legal marriage age (male 22/female 20)
• Are not lineal relatives by blood or collateral relatives by blood within three generations
• Are not in a bigamous relationship ### Formal Requirements
• Both parties must appear in person at the marriage registration authority to register ## VIII. Requirements for Inheritance ### Statutory Inheritance
• Death of the decedent + no will/testamentary succession agreement + the heir falls within the statutory order ### Testamentary Inheritance
• The testator has full capacity for civil conduct + the will is legally valid in form + the declaration of intent is genuine ### Legacy
• The will designates a person other than a statutory heir + the form is legally valid Statutory inheritance order: First order (spouse, children, parents) > Second order (siblings, grandparents, maternal grandparents) ## IX. Workers' Rights and Requirements for Labor Contracts ### Essential Clauses of a Labor Contract
• Employer's name/address + employee's name/address
• Term of the labor contract
• Job content and work location
• Working hours and rest/vacation
• Labor remuneration
• Social insurance
• Labor protection/working conditions/occupational hazard prevention ### Elements for Workers' Rights Protection
• Existence of a labor relationship (including de facto labor relationships)
• The employer has committed a tortious act (wage arrears/unlawful termination/failure to pay social insurance, etc.)
• Within the statute of limitations for arbitration (labor disputes require arbitration before litigation) ## X. Comparison of Dispute Resolution Methods ### Mediation
• Both parties voluntarily + a third party presides
• The agreement is not legally enforceable (except when confirmed by a court) ### Arbitration
• Both parties reach an arbitration agreement + the arbitration commission accepts the case
• The award is final and binding, with legal enforceability ### Litigation
• The plaintiff has an interest in the case + there is a definite defendant + the case falls within the court's jurisdiction
• The judgment is legally enforceable --- ## Answer Mnemonics
• For infringement, answer "*