Research On The System Of The Indication Validity Of Property Publication

The security of property can be divided into static characteristic anddynamic. For a long time, the real law is given responsible for protecting thestatic security of property. However, people begin to reconsider the function ofthe real law. Besides, protecting the static security of property, the real lawalso should be responsible for protecting the dynamic security of property. Inthe contemporary real law, the indication validity can balance the security andefficiency.Indication validity can be understood from the aspect of system besidesthe aspect of principle. The system of indication validity of propertypublication is systems that are guided by the principle of indication validity ofproperty publication. Now, there isn't an independent and unified law in ourcountry. There is few rules on the system of indication validity, which isdisadvantage of supporting the development of economy. This essay mainlyelaborates the argument and base of the system of indication validity ofproperty publication and puts forward some suggestion on it by enumeratingand analyzing.The article contains three parts:Part one discusses the argument on the system of indication validity ofproperty publication. This part elaborates the connections and differencesbetween the system of indication validity and the principle of indicationvalidity and function of the system of indication validity to argument theorigin and necessity of the system. Discussion on the function is from twoaspects, one is the normal function which is the function of body contents, theother is the function of system which is in fact called formal function. Next theprinciple of indication validity is discussed especially on the relation betweenthe publication of property an indication validity of property publication, thispart of discussion is imported, because, the publication of property isimportant to the existing and applying of indication validity of propertypublication.Part two enumerates and analyses the appearance of indication validity ofproperty publication in our country. It contains two parts. One is indicationvalidity of real property. The other is of personal property .In the meantime,the property publication and validity of property publication are also discussed.1.Lawmaking and analyzing on the two legislative modes of propertypublication. In regard of the lawmaking trend of our country. We adopt thecreation mode of publication on real property and the defensible mode ofpublication on personal property. Besides, it widely exists in our country theproperty publication directly connects with the validity of contract. Twolegislative modes of property publication-the defensive mode of publicationand the creation mode of publication. Each of them has its own advantagesand disadvantages. Our country insists on the creation mode of publication ofproperty transference, but adopting the defensible mode of publication inspecific transference of property and property transferences as suggestive rulespermitting the parties excluding its application by will declaration.2.Enumerating and analyzing appearance of the system of indication validity ofreal property. Indication validity of property is based on propertypublication .It is lack of the system of indication validity of real property.There is also many disadvantages on the system of property publication .Asfor the system of indication validity of real property, there is no publicationvalidity in our civil law. In the section law publication has been acknowledged,but it only admits the validity of property publication and doesn't admit itssignificance on private law.3.enumeratig and analyzing appearance of thesystem of indication validity of personal property. Through our law we canfind that both delivery and possession are means of publication and bothindirect delivery and possession are means of personal publication .In fact, themeans of personal publication should be possession and only direct possession.The system of indication validity of personal property in fact is the system ofbona fide acquisition. So ad the system of indication validity of real property,the system of indication validity of personal property is lacking. In our countrywe should found unified and international system of bona fide acquisition.Part three elaborates the design of legislation on the system of indicationvalidity of property publication. 1.The frame design of the principle ofproperty publication and indication validity and the mode of validity ofproperty publication.2.The design of legislation on the system of indicationvalidity of real property.3. The design of legislation on the system ofindication validity of personal property.4.The relations of the system ofindication validity of property publication and abstraction of the juristic act ofreal right. This suggestion is aimed to give validity to publication to protect thethird party acting in good faith's conduct which is based on trusting producing.However, abstraction of the juristic act of real right is the principle which isdesigned on base of the juristic act of real right. Each of them has its ownfunction.