Juristic Act Of Real Right In Right Behavior Changes

The pattern of real right changes,the definition and characteristic as well as efficacy of real right behavior have long been the argue points of Civil Law's Academic。With the proceeding of legislation of real right law,theoretical research should be deeply performed。During the discussion of fundamental theory, there is a furious argument about whether we should adopt German theory of real right behavior。Because lots of scholars take it as the foundation of real right system,or basic principle of real right law, therefore,it is necessary to probe into this area,and find out whether we should use this theory as reference。The thesis contains following parts: the first part,the pattern of real right changes. Conclusion of disadvantages as well as advantages of each pattern shall be reached on the basis of contrast between French,German, and Swiss patterns of real right changes。The second part, the definition and characteristic as well as efficacy of real right behavior。Try to unveil the essence of real right behavior through researching the definition and characteristic as well as efficacy of real right behavior。The third part, the theoretical argue of real right behavior。There are three viewpoints towards real right behavior theory, which are thoroughly accepting, partly accepting as well as none accepting。The writer is trying to compare the theoretical basis of each viewpoint to decide what to leave out and what to leave in。The fourth part, the necessity of real right behavior after the establishment of goodwill acquirement。Having studied the establishment of goodwill acquirement and the relation between goodwill acquirement system and real right behavior theory,the writer comes to the conclusion that goodwill acquirement system cannot replace real right behavior theory。The fifth part, the necessity of establishing real right behavior theory。The writer has explained the necessity and feasibility of constructing real right behavior theory。In the process ,the writer brings forward his own perspectives towards relevant questions, and analyze and discuss the legislation of pattern of real right changes,which is most disputed and most related to the people's livelihood on the real right law (draft),to perfect our theory of real right changes,and to serve the litigation and jurisprudence better。...