On The Third Party Protection In The Real Right Alternation

In a market economy in the third person must be protected because only the protection of a third professionals who dare to make the non-trading transactions. Establishment of property rights protection regime change in the third academic consensus has been formed, but in the end be taken to protect the system while the third is worth exploring. In this paper, changes in property rights protection in a specific third person, through some system of protection of the third comparison, analysis of several pros and cons of the system protect the third person, and ultimately the third party should consider the protection of bona fide acquisition system. This article is divided into four parts:Partâ… :definition of the title terms. First, the article discusses the protection of the third person from the property market activity in the dynamic process of change in the perspective, rather than from a static sense, the "third person" defined. Real property changes both in relation to changes in relations in the interests of the parties (including the transferor and the transferee), the other based on the world of property rights and exclusive features, property changes may also be related to outside parties third party interests. Represent the interests of a third order of economic transactions, protect the interests of the third prerequisite for social development and therefore the legal interests of third persons should be under special protection. Therefore, changes in the property of scientific and reasonable definition of the meaning and scope of the third party is the third prerequisite for legal protection. The third property law, there are two:First, people have a legal and property rights between the assignee and the property may have a conflict of interest a third party. For example, the existence of a mortgage on the property when the owners enter into contracts with other people sell their personal property, because the movable property has been set on a mortgage to another, there is a third party transferee interests of the protection and conservation interests problem. Second, the assignee has a legal relationship with the property and the property out of people who may have a conflict of interest. For example, Joe Smith of fraud due to John Doe to John Doe to sell their own things, but John Doe has the property sold to the king out of five, when the king is the third in terms of seating for five people. Suppose Mr Tan and John Doe was declared null and void the contract between the, then established based on the principle of contract law, invalid contract is terminated after the results of the two sides return the property, but because the subject matter of this case has been transferred to the king of five, which C exists in the protection of the interests of the third issue. Therefore, the article on the third key research issues, the third property changes are specifically refers to the original that people have an interest in the third person.Article Part II:the significance of protection of third persons. Real change in the interest of protecting the original owner or the protection of the interests of third choice in essence, the law of static or dynamic security protection security protection options. Static security is the rights of indigenous people's possession and ownership interests of the so called "enjoy security" or "all security", which aims to maintain the already formed stable social order; and dynamic security protection Zeyi the legitimate interests of third persons for the purpose called the "transaction security," the main objective of smooth flow of the property, and seeking benefits society as a whole. The purpose is to protect the third person to protect society as a whole trading order, protect the security of market transactions. Private rights from a personal point of view, the original property and the interests of a third person should receive equal protection of law, but when the two conflict, we had to choose one. At this time, legislation for the purpose of promoting economic development and make the inevitable choice is to protect third party interests rather than the interests of all original.Part III:the third party protection system for comparison. Protection of third person point of view there are many, the main points are:1, in good faith to achieve a system to protect third persons; 2 to the Public Credibility Principle to protect third persons; 3 to Real Rights and protection of third. This part of the article is the focus of this study, in which, the author focuses on the protection of third party closely associated with several systems, including the traditional system of movable property acquired in good faith, the Public Credibility principles and theory of property without Cause. Strong legal basis to these systems, there is a specific historical development, are related to each issue related system, which is part of the academic world is the most controversial areas. I try to focus on a specific property changes in the third person point of view of the small advantages and disadvantages of related systems, and critical analysis of the.Partâ…£:Changes in Property Protection System in a particular mode of the third selection and correction. Changes in the third person on the protection of property rights related to the value of multiple choice questions. How to choose the third course have to consider the legal protection system patency, but also consider the legal acceptance of people to consider the legal emotions of the masses so that the system can be better implemented. Protected by the third of three comparative analysis of the system, I believe that should be made in good faith based, while absorbing other systems a little bit, and made in good faith to modify the system deficiencies, acquired in good faith to establish a new system. First of all, on the subject matter. Good access to the system can not only apply to personal property, but also can be applied to real property; stolen property, lost property can be applied under certain conditions acquired in good faith; second, the third person "good faith" criterion. The author argues that an objective standard of good faith to be identified.