Study On Protecting The Third Party In Real Right Alternations

Protection of third party's interests in real right alternation is a very important issue to the real right law. There is no real right law in our country now, and only some relevant systems in judicial explanation or in some special laws, such as the bona fide acquisition theory, and registration etc. Obviously it can't meet demands of actual life and legal construction. In theory circle, the question has launched so warm discussions that scholars analyzed and compared various third party mechanisms, and put forward their own views. Someone objects Real Right Alternation, someone objects Demonstrative Principle of Real Right, and someone objects Bona Fide Acquisition. However, among these, I am difficult to find deep analysis. Based on formers 'opinions, this paper firstly analyzes the theoretical foundation of protecting third party's interests, then compares the bona fide acquisition, demonstrative principle of real right and abstractness of real right act such three protecting mechanism, then poses my opinion on the system . All these measures can help to establish, in the alternation of real right, a third-party-protecting system where the three methods complement each other.