The Protection Of The Transaction Security In The Property Changes

As the modern social commodity economy is improving rapidly, the circulation of goods is expanding as well. The form of the commodity trading is becoming more and more complicated, which requires the law must be able to provide reliable transaction security system to protect. The system of transaction security protecting , which exists in the Property Law only, is the basic system of the Property Law, while no other legal systems could be a substitute. For the protection of the transaction security, there are two different patterns of the principle of legislation, one is through the abstractionship in the theory of juristic act of real,while the other bases on the system of goodwill obtaining to protect the security of the transaction. According to the theory of juristic act of real, the abstractionship principle differentiate the act of creditor and the act of the real in the trade process, to protect the third party in the trade by means of the notification principle. Differently, the system of goodwill obtaining pay more attention to check whether the trade party has a good deal or not, take good faith as the standard to decide whether the rights of the parties is to be protected or not. However, if the abstractionship principle was applied, the real right of the original owner will be degraded to the creditor's right, on which circumstance his right would be protected just by the system of unjust enrichment, which do much harm to his right. The abstractionship principle was criticized dramaticlly ,for it focus on the protecting of the third party unilaterally, while ignoring the rights of the original owner. However, the system of goodwill obtaining try to make a balance on both parties in the trade, is more accepted to ordinary citizens. This article is intended to introduce the discussion by two different systems, to clarify both the strengths and weaknesses, in order to interface between two systems, coordination, so as to achieve better protection on market transaction security.Based on the discussion above, this article is divided into four parts. The first part will introduce the theory of Real Rights and the concept, content, functionality, and the dispute. The second section will describe the contents of the system of goodwill obtaining, and the legislationthe establishment in different countries. In the third part , we will introduce how do these two systems protect the security in the transaction and make a comparison between them. Then in the fourth part of the analysis and comparison according to the above two systems, we'll try to harmonize the two systems, combined with our current legislative practice, the author describes the system of transaction security that views and suggestions.