The Analysis Of Protecting The Third Party's Interests In Real Right Alternation

This article is aid to analyse the third party protection principle in the real right alternation and brings out a preview on the construction of the third party protection principle. How to ensure the security of real right alternation and protect the interests of the third party, the key point is to construct a proper principle of civil law. This article will give an introduction through four parts.The first part is the proper definition of the "the third party". Firstly, this article discusses the interests protection of the third party from the angle of the process of the real right alternation. Secondly, this article is to discuss who will be "the third party". Though deferent market participants would act the "both parties" and the third party during deal process, the writer aims to distinguish the third party with a simple way.The second part is to discuss the meaning to protect the interests of the third party from both the angles of theories and practice. In fact, protecting the interests of the third party aims to ensure the security of the deal.The third part is to take which rules to protect a special "third party" in owned real right alternation. In the issue of the choosing of proper rules, we get deferent opinions. The main points as below: l.Take the bona fide acquisition theory instead of the theory of juristic act of real right; 2.Take the demonstrative principle of real right instead of the theory of juristic act of the real rights; 3.Take the principle of real right as the main rule and the bona fide acquisition theory as a compensation. This part contains the most important problems in the traditional theory of real rights. Of course, the write is not capable to make all these problems clear, I just hope to find a break in these complicate problems, that is the protection of the third party's interests in real right alternation, from this angle we can make a conclusion of above mentioned legal rules.The last part is to make a suggestion on the construction of the third party protectioprinciples. How to protect the third Party's interests in real right alternation depends on what we values and which principle we choose. According to the realty of our nation and the status of the nation's legal system, we can settle this problem just by completing the principles on the base of the traditional theory of the real rights law. In the writer's opinion, the proper way is to take the advantage of bona fide acquisition theory and the demonstrative principle of real right, principle of real right and other law rules, combine them with the experience and trend of the legislation abroad then develop the bona fide acquisition rules into a more suitable one to our nation's realty. In detail, we need to adjust some rules: First, the objects should not only be the real property but also the chattel; Second, we should use a new objective standard to definite whether bona fide or not; Third, the third party must get the real rights not for free from the previous party who gets no rights in dealing the property, but the acquisition of some public interests is a exception.