Study Of The Alteration Of Real Rights And Legislative Pattern Of Our Country

The law of real right of our country is in the course of making. In the legal system of the real right, one of the most important contents is the alteration of real rights. It is an especially important issue that which pattern our alteration of real right should adopt before legislators who have to make the clear choice. Whether we should adopt the theory of juristic act of real right of German or not, we must show our own position especially. Because it will influence the formulation of the law of real right and even the whole codes of civil law to the different views of the theory of juristic act of real right to a great extent.The main content of this paper divides into 3 chapters besides foreword and conclusion.Chapter one generally introduces the alteration of real right change and legislative pattern, including concept, form, causes and legislative mode of the alteration of real right. Then draws the legislative pattern of the real right alteration caused by the juristic act is the focal point of this paper.Chapter two is the key part of this paper, has enumerated the legislative examples about the pattern of real right alteration in several main country and done certain introduction to the theory of juristic act of real right. There are various legislations on the real right alteration in different countries: the law of France adopts a pure creditor's rights meaning doctrine; the law of Germany the real right formalism; the law Japan synthesizes creditor's rights meaning doctrine and important document of confronting with each other; Austria law, Swiss law and S. Korea law are the creditor's rights formalism.Chapter three has compared and analyzed various kinds of legislative examples at first, pointed out that our country generally should never take the choice of thepattern of the real right alteration that affirms creditor's meaning of doctrine. So, the future choice can only be made between the real right alteration pattern of real right formalism and real right change mode of creditor's rights formalism, but to make the choice among the above two kinds of patterns, we must show our own position and attitude to the theory of juristic act of real right. Then analyzed the regulation to the real right alteration of our current law. Finally, put forward the choice of the legislative pattern of the alteration of real rights in China: To China at the present stage, we should choose the legislative mode of creditor's rights formalism.