Research On Legal Act Of Property Right And Theories Concerned

The article dissertates logically the independence and the abstract of legal act of property right, public trust in public notification of property right, and probes into the relations between legal act of property right and acquisition with good faith, and contractual efficacity. First of all, I believe the existence of legal act of property right. Civil act is a legal fact which can cause the change of civil relation. Civil rights relations can be divided into property relation and debt relation. Then the civil acts causing the above two relations'change are property act and debt act respectively. The property act, as we called it, does exist from the above reasoning. Second, causativeness can certainly protect the rights of original owner, but at the expense of transaction safety, which is against the principles of public trust and public notification. harm to the original owner caused by abstract can be avoided through establishment of tort of creditor's rights. Third, in the present practice of legislation and judicature, some people deny the abstract holding that acquisition with good faith can not be applied to real estate, which results in great harm to the public notification. The article presents different kinds of alternatives about harmony between legal act of property right and acquisition with good faith. First, in the condition of causativeness, acquisition with good faith should be applied to both movable and real estate without difference. Second, in the condition of abstract, acquisition with good faith should be applied to both movable and real estate just like the above. But in such a condition, the bona fide third party needn't resort to acquisition with good faith to protect his rights when the dealing between the seller and original owner is validated null. Third, only if we accept the abstract of property right shift, can we maintain that acquisition with good faith not be applied to real estate. Fourth, the article discusses the quality of the returning right which the seller possesses against the purchaser when the dealing is validated null. In the condition of causativeness, the returning right should be a kind of property right, while it's a creditor's right in the condition of abstract. Thus, it's necessary to establish tort system for creditor's rights, in order to prevent original owner from harms by the abstract of legal act of property right. Finally, public trust in public notification has to rely on the various factors in order to provide protection for safety of transaction. As we all know the shift of property rights shouldn't only exist in the minds of parties, but they must be notified by certain forms which can be known by others. Laws must offer sufficient protection to those trusting public notification, otherwise the economy will be seriously injured without the inclination of public notification.