On The Relation Between Content And Effect Scope Of Real Right: Centering On The Domination, Disposal And Absolute Effect

This dissertation is divided into four chapters. The first two chaptersare written based on two conceptions: domination and absolute effect.These two chapters mainly focus on the two contents of real rights and thedefinition and forms of absoluteness of real right. The third chapter focuseson the relation between content and absolute effect of real right. The fourthchapter analyzes the limit of absolute effect of Anspruch, as thesupplementary analysis of the third chapter.The first chapter defines the concept of domination based on thetranditional views, which is certain right to control without other's intent orbehavior. At the same time, the concept of disposal and indirect possessionis excluded from the concept of domination. Secondly, this chapteranalyzes the right of disposal and places it as another main content of realright.The second chapter discusses the nature of the concept of absolutenessof real right and points out that the absoluteness of real right refers tocertain legal status of "No-Right". Meanwhile, it analyzes three generallyrecognized forms of absoluteness of real right. This chapter is in the viewthat the priority effect of real right is not an independent effect, and thedinglicher Anspruch and the protection of real right in tort are the forms ofabsoluteness of real right.The third chapter discusses the relation between the rights ofdomination and disposal as one part and the absolute effect as the other part.In respect of the relation between domination and absolute effect, this dissertation believes the right of domination will always generate absoluteeffect and demonstrates this proposition throught the review of the historyof lease right. In respect of the relation between right of diposal andabsolute effect, this dissertation believes that the right of disposal will notnecessarily generate absolute effect and demonstrates this propositionthrough the review of the history of mortgage right.The fourth chapter discusses the possibility and limit of Anspruch'sabsolute effect. Through the review of two doctrines,"sale will never breakthe lease" and pre-registration, this dissertation belives that the non-relativeeffect of Anspruch is limited to the statutory transfer of Anspruch. If itexceeds the relativeness structure of Anspruch, a new right will occur.