Property Announcement Theory

This article contains six chapters. Chapter 1 and chapter 2 elaborate the two legislative modes about property publication. Chapter 3 and chapter 4 elaborate the means of property publication. Chapter 5 and chapter 6 elaborate the validity of property publication.Chapter 1 discusses the two legislative modes of property publication-the defensible mode of publication and the creation mode of publication. This chapter describes the antagonism between the two modes by comparing the difference in systems of transference and property publication among France, Japan, Germany, Austria and Swiss. However, the theoretic significance of the antagonism is beyond its practical significance. The defensible mode of publication and the creation mode of publication are blending continuously. On one hand, on the legislation of the defensible mode of publication, the ownership does not transfer with the agreement on the declaration of will when the genus, future, good or other's goods are sold. The legislation also permits the parties making special agreement on the transference time if the ownership of personal property to exclude the application of the rules about autonomy of the will; on the other hand, the creation mode of property publication is softening as the form of requirements of the transference of property, especially the transference of personal property. Because the concepts of indirect possession and notional delivery are introduced into the theory, the form is not the form again. Its validity of law has no difference with that of the defensible mode of publication. Even though, we can't overlook the difference between the two legislative policies. The defensible mode of publication is helpful to the convenience in transaction, respecting the freedom in transaction of the parties in maximum scope. But it has much obstructionism in the logic system and can't coordinate with relative legal systems, also involving in passive position in application of law. The creation mode of publication complies with the ideal of the security in transaction and coordinates with relative legal systems. Moreover, the creation mode of publication gives the methods of publication formation validity of property transference. Opposite to the defensible effect of thedefensible mode of publication, it also delegates more sufficient inspiration of publication to the parties especially the passive part]/. The creation mode of publication provides not only such passive protection as no publication, no transaction of property for the third party in transaction, but also such positive protection as 'if there is publication, believe it' for the third party in the case of wrong publication. So the creation mode of publication has more integrated effect of publication than the defensible mode of publication has. According to the history of property publication, the creation mode of publication is a system to overcome the shortcomings of the defensible mode of publication. It itself has superiority. If we select the creation mode of publication in legislative policy, we can't overlook its shortcomings of such as no rapidity, convenience and freedom in transaction. So we should develop the advantages of the defensible mode of publication in designing concrete system to better the creation mode of publication. So we can choose these plans: (a) insisting on the creation mode of publication in the publication of property transference, but adopting the defensible mode of publication in specific transference of property; and (b) In the transference of personal property, putting the publication of property transference as suggestive rales, permitting the parties excluding its application bv will declaration.Chapter 2 elaborates the relation between the publication of property and the juristic act of real right. The juristic act of real right is a juristic act mixed together by declaration will of the transference and the means of publication. It has apparent character of duality. It is declaration of the will of transference in subjective angle a...