On Protection Of The Third Party's Interests In Real Right Alternation

The thesis isconcerning protection of the third party's interests in real right alternation.It puts forword some considerations about this subject according to compares and analyses of existing system.Under the market economy circumstance,there are frequent real right alternation in the trade process,which not only influence intigants' interests but also the third party.Virtually,the third party'sinterests is on behalf of the trade order, so,to protect their interests is to keep the trade order.How to balance the conflict between litigant's and the third party's interests has become a focus in making real right laws.Referring to foreign experiences , different countries have different laws to protect the third party's interests due to different real right alternation modes. In china, scholars also hold various opinions such as bona fide gaining, demonstrative principle and non-cause principle and so on, mainly including 1. bona fide gaining system take place of non-cause principle. 2. demonstrative principle take place of non-cause principle. 3. non-cause principle. According to civil law and judicature practice, Chinese traditional method is bona fide gaining which has some faults and can't fully protect the third party's interests. The three theories above have their own virtues and are unplaceable. Each one can't protect rights perfectly. If we can integrate their virtues to make a cooperative system to protect the third party's interests, it will break the limitation of depending on just one system. According to the analyses of these three systems, the thesis summarizes their respective advantages. It advocates that we could try to construct a system of protecting the third party's interests in Chinese real right law based on non-cause principle, centered on demonstrative principle and draw bona fide gaining into demonstrative principle.The thesis includes four parts besides foreword:Part one: Real Right Alternation & The Protection Of The Third Party's Interests. Real right alternation is a general concept. To real right itself, it refers to real right generation, alternation and disappearance.To real right owner oneself, it refers to real right gaining,lose or alternation. Real right alternation can be divided into kinds: alternation based on legal act and that based on non-legal act. Real right alternation not only influence litigants' interests but also affect the third party's interests,.which could to some extent reflect trade order,hence,real right law should attach more and more importance to protection of the third party's trade safty.Part two: Evaluation For Making Laws. This part expounds that in civil law There are always two or more principles in law to protect the third party's interests as much as possible. Moreover, demonstrative principle is also important.Part three: Analysis of the protection system . It's the most important part of this thesis . According to the analyses of the three principles, it puts forward that bona fide gaining system embodies the social justice of law, but it has some faults in legal practice because it adopts subjective goodwill standard and is widely used ;non-cause principle is not only the theory foundation of demonstrative principle but also superior to bona fide gaining in protecting the third party's interests.Party Four : system constructionBased on the three parts above. the thesis makes an integral design to the protection system of the third party's interest in real right alternation.It holds that non-cause principle should be accepted and systemized .Meanwhile,demonstrative principle should play a core role,bona fide gaining principle should be reformed and drawn into demonstrative principle and the objective dedution system should be formed.