Study Of The Legislative Mode Of Property Transference

Property transference is important content in property theory. In civil law system, existing two legislative modes of property publication: the defensible mode of publication and the creation mode of publication. This article tries to elaborate the two legislative modes of property publication, and analyse the relation and system value between the twos. To consider the present legislative situation and the road to develop of property transference mode in China.This article consists of several parts as follows:The preface explains the motivation,train and method of thought,as well as the questions needed to give clear indication of.Chapter 1 reviews the two legislative modes of property transference, through describing the basic theories and comparing the difference and the background of the two modes among France,Germany and Austria.Chapter 2 discusses the"blending"state of the two legislative modes of property transference. On one hand, because the concepts of indirect possession and notional delivery are introduced into the creation mode of publication, in terms of movable property, the publicity principle does not apply to it. The so-called"principle"of the creation mode of publication does not apply to the movable property. And comes to the conclusion that the creation mode of publication is drawing close to the defensible mode of publication. On the other hand, because the defensible mode of publication has much obstructionism in the logic system, its validity of law has no difference with that of the creation mode of publication. And comes to the conclusion that the defensible mode of publication is also drawing close to the creation mode of publication. Then, the conclusion of this chapter makes a summary: The two legislative modes of property transference are two trains of thought in different countries of the civil law, basing on history origin,law tradition and the situation of county per se. Furthermore, the two modes are blending with each other.Chapter 3 reflects upon the legislative mode of property transference in China. On the base of the two chapter ahead, discussing and reviewing the present legislative situation and its defects of the legislative system of property transference in China,comes to the conclusion that the dual mode should be choosed for China.Finally, the conclusion of the article makes a summary: the two legislative modes of property transference have come into blending. The dual mode is not only the mode as it necessarily has to be but also the mode as it is in China. It is rational for China to choose the dual mode as the legislative mode of property transference in domestic law.