Discussion On The Legislation Choice Of The Mode Of Real Right Alteration In China

Whether our country should adopt Real Right Externalism Mode or Creditor's Rights Externalism Mode is the bone of contention in the circles of law in China .The difference between the two mode is as the following: Real Right Externalism Mode is built on the base of the theory of Dinglicher Vertrag, while Creditor's Rights Externalism Mode doesn't admit the theory of Dinglicher Vertrag. This thesis is planned to break through the error of the existing research, and tries to analyze the problem with the method of systematism, and testifies our country should adopt Creditor's Rights Externalism Mode.This paper contains three parts besides introduction and epilogue. In the introduction , the author analyzes the error of the existing research, and defines the standard of the choice of legislation.. Part one points out the essential problem of legislation is the attitude for the theory of Dinglicher Vertrag and defines certain basic concepts Part two probes Real Right Externalism Mode Through the method of systematism , the author probes that our country should not adopt this mode. Part three probes the Creditor's Rights Externalism Mode, and testifies this mode is more suitable for the situation of our country . The epilogue summarizes the whole dissertation and emphasizes the spirit of the choice of legislation on the mode of real right alteration in our country.