On The Existence Of The Abstract Principle Of Real Right Act Was Necessary

The real right behavior theory proposed by renowned German jurist Savigny. From the establishment until now, this theory already development into a set of complete system gradually,it mainly contains three aspect contents:The discrimination principle (independent principle), the principle of abstraction (the abstract principle) and the formalism principle. However, since this theory birth, regardless of legislates on to hold the affirmation or the denial manner country to it, theoretically has the very great dispute to it, because particularly does not have the natural principle dispute about the real right behavior to be more intense. Because regarding does not have the natural principle whether to have the display function space, whether to have the existence necessity, to be whether more advantageous to questions and so on stable transaction order, has been subject to the scholar. In our country《Reality of laws》in the formulation process, how to treat the real right behavior theory about the legislation in the question also to have the dispute, specially about whether to accept does not have the argument which, because the innate disposition discusses several near incandescent.This article believed that the legislation should be to the reality economic life reflection. Whether to accept the real right behavior theory, should be the legislation at that time a national unique economy, cultural and the social background combined action result. Looking from the theory dispute, even if opposition acceptance real right behavior theory scholar, also acknowledged that in the practice exists with difficulty by the creditor's rights behavior covering real right behavior, like the property rights abandonment behavior, is a pure real right behavior. Therefore, this article embarks from the real right behavior's general theory, because theoretically to did not have the natural principle existence dispute to carry on the thorough analysis, because through to did not have the natural principle and the good intentions obtains system's comparison, had pointed out because did not have the natural principle existence necessity and obtains system's relations with the good intentions. Based on this further explained that our country scholars are untenable about this theory's dispute, "because the real right behavior does not have relativization of the natural" the theory also not to be able to constitute to does not have because of the natural principle denial, and our country civil legislation not on own initiative has accepted this theory independent principle and the formalism principle. However, the real right behavior theory is a complete logical system, should integrate to this theory's acknowledgment. Therefore, along with market economy's day-by-day prosperous, the transaction relations are getting more and more complex, our country civil legislation should following receive the real right behavior theory comprehensively, namely the acceptance real right behavior does not have because of the natural principle.