The Comparison Between The Modes Of The Transference Of Property & The Choice In Our Legislation

The transference of property is an important and basic problem of property law. To rule the transference of property is very necessary to the system of property, protect the safety of transactions and protect to property. In those countries that belong to continental law legal system, there are mainly three modes of ruling the transference by legislation in property law. They are credit meaning mode represented by French Civil Code, credit formalism represented by Austria Civil Code and property formalism represented by Germany Legal System. Each of them has its character. Scholars have argued for a long time about what should be adopted and what should be abandoned, especially the argument between property formalism and credit formalism is the fiercest.In my article, firstly, I briefly introduced the theory of the transference of property and property acts, analyzed some different viewpoints about the theory of property acts from domestic and foreign scholars. Then I compared and analyzed the three main modes of ruling the transference of property, to prove that the property formalism based on the theory of property acts is more scientific and exercisable practically. Then I enumerated and analyzed china's legislative evolution and actuality of ruling the transference of property, and considered that China's rule of the transference of property is mixing mode mainly based on credit formalism mode and indicated the credit formalism mode has many defects theoretically and practically. Because of the localization of bona fide acquisition, it can't protect the benefits of "the third person", it can't make up the deficiencies of credit formalism. Last , I analyzed the feasibility of the property formalism mode in china's legislation on the transference of property and considered this mode is scientific theoretically and religions logically. There is no obstacle in legislation and indicial practice. So compared with the credit formalism, it should be adopted by China's property legislation.