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Theoretical study of the behavior of real right

Author: SunYongJian
Tutor: WangQuanDi
School: Fudan University
Course: Legal
Keywords: Real Right Behaviour Behavior of real right
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 167
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Abstract


Property rights behavior theory is the enormous controversy a theory of property law theory. The Real Right Behaviour was born in Germany, known as the important achievements of the 19th century Germany Pandect Law. Not only for the German property law, but also the entire German Civil Code generated significant impact. The Real Right Behaviour origins can be traced back to Roman law period Luomafate \Germany as a civil law countries, basically through the inheritance and development of Roman law to the creation of a civil law framework and theory. Since the 19th century, Germany, some the status weightlifting severity of the jurist, the Roman law scientist classic Saying a different interpretation. These interpreted as ultimately the birth of the theory of the behavior of real right and laid the foundation. Academia acknowledged founder of the theory of the behavior of real right is the German civil jurist Savigny. Masterpiece of its representatives in the third volume of the \He believes that the delivery itself is a contract, and a debt contract is completely different and independent contract, ownership can be transferred only through delivery. The authors believe that Savigny's theory of property acts mainly includes three aspects: the independence of the behavior of thing - independent of the debt contract; behavior of thing no claims as a reason for the relationship because of sex - the effectiveness of the behavior of thing from contractual effect; forms of sexual behavior of thing (or abstract) - Property Rights acts must be some external form to be manifested for delivery to personal property and real estate registration. A breakthrough in modern German civil law theory of property rights act theory, there have been some amendments doctrine, including the integrity of the three kinds of flaws identity, condition associated legal acts. Overall, however, in addition to recognition of ownership reservation is Real Right Behaviour exception, a variety of other theories of value is not great. Real Right Behaviour of the German Civil Code. Not only the three principles of the behavior of real right to become the Property series of the main principles of the German Civil Code can not be ignored, and the significance of the General Principles. It is because of the German Civil Code, the legal acts into creditor behavior, property rights behavior, the behavior of family law, inheritance laws behavior, legal acts of the provisions in the General only convincing basis, but also have the German Civil Code the onset of the Civil Code of the framework. Significance in this respect attention to our cause, however, is still insufficient, and also lead to our understanding of the behavioral theory of property rights from one side is not comprehensive. The Real Right Behaviour and caused a huge controversy because of its high degree of abstraction, even in Germany, also attracted a lot of criticism, mainly concentrated in too abstruse aspects as well as the lack of protection of the original owners. Comparative Law, France and Japan before the German Civil Code, Civil Code, property rights changes in the basic adoption of meaning '. Because the doctrine of transaction protection disadvantage, has less to future generations adopted, France and Japan have made the so-called registered against the amendment. Swiss Civil Code, the creation of the so-called debt formalism, that changes of property rights is just not enough debt contract, also need to be achieved by delivery or registered to. Germany, China and France, but the belief that the delivery or registration of the fact that the behavior is to perform the contract, is not a separate legal act, and therefore the validity of the debt contract blemishes can still affect the fate of the ownership. Property law in China does not have a long history of research, both in theory and judicial practice there have misread the basic theory of property law. After the introduction of the Property Law, basically that our property right of creditors formalism adopted. Real Right Behaviour longer period of time are basically negative attitude. In this article, the author describes the content of our mainstream scholars critique of the theory of the behavior of real right, to clarify the prejudices and misconceptions of the theory, and pointed out the merits of the theory of positive significance. The author believes that the First, property rights behavior theory is not a panacea, nor is it daunting a scourge, should have a comprehensive and accurate understanding. Second, the theory of property behavior and debiting their own merits, but the protection of focus. Claims formalism combined with bona fide acquisition has largely achieved the same positive meaning to the behavior of real right theory. In view of our long-term theoretical research and practice, China's property law is indeed no need to reinvent the wheel, accepts property rights behavior theory.

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