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The Perfect Lteration Method Of Real Estate Real Right

Posted on:2009-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:S G RenFull Text:PDF
GTID:2166360245481406Subject:Law
Abstract/Summary:PDF Full Text Request
In the development history of civil law, there are three kinds of real right alteration method.Nomber one is creditor's rights opinions representative of FRENCH CIVIL CODE. It provides only one efficient can lead to real right alteration .This confuses real right and creditor's rights ,also law relationship and alteration basis .The method can not solve the problem why real right is not alterative when the efficient contract is not being fulfilled because of objective and subjective reasons. What is more ,it is bad for business deal security . This real right alteration method accomplishes the whole task at one stroke .It can only solve the real right alteration of specific object. So it can not meet the needs of market economy. Number two is real right fermium representative of GERMANY CIVIL CODE. It provides the result of real right alteration is leaded by real right opinion which is independent between parties. The form of real right opinion of real estate is registration, and that of personality is delivery .But there are also other forms .This method not only manages jurisprudence but also does good to busyness deal practice. So it is a perfect real right alteration method. Number three is so called creditor's rights fermium. It provides the alteration basis of real estate real right is contract and registration. This method can not put opinions autonomy into practice thoroughly. Also it bundles the result of contract' being fulfilled and the effectiveness of contract. This method is very bad for business deal practice.PROPERTY LAW has provided real estate real right alteration depends on registration, but without the registration the contract is effective . This method only considers registration as the style . And other expression forms are not animated. This does not manage the business deal reality. What is wrong, it may a encourage to nonagon faith . So it is not a perfect real right alteration method.The article manages to explain real right fermium is the perfect right alteration method with the methods of contrast and demonstration, and so on. In the meanwhile ,besides registration there are other real right for real right opinion . These forms' effectiveness is defect. It is hoped that there should be something good to real estate business.
Keywords/Search Tags:real estate, real right alteration, registration, business deal security
PDF Full Text Request
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