On The Publication Principle, Credit Principle Of Real Right

The real right, as an absolute right, its acquisition, loss and change all need enough expressions which can be recognized from the exterior, and making the legal relation clear, this is the publication principle in the changes of real right. The real right begins to effect after publication. When conflicts occurred between the publication real right and the actual real right, the law protect the publication real right if there is a third party's credit, this is the credit principle. Both the publication principle and the credit principle are the basic principles of the real right law. Seeing from the connotation, method, effect, constitution and series of other basic theories of the principles of credit and publication, its effect is significant in the protection of the third party's benefit. Through the comparison of the differences about the scope, means, effect. etc. in the third party's benefit protection, between the principles of credit and publication to the institution of bona fide acquisition, the abstract theory of the juristic act of real right, we can see that the principles of credit and publication can protect the third party's benefit more thoroughly, meanwhile, they can balance the rights of the actual rights owner, they are more reasonably compared with the abstract theory of the juristic act of real right, and the institution of bona fide acquisition can only serves as an complementarity to the principles of credit and publication. The Chinese laws, especially the recently promulgated Real Right Law, which made explicit provision of the publication principle for the first time, had no provision of the credit principle, this is a big blemish of the lawmaking. On the problem of the protection of the third party's benefit, The Real Right Law extended the apply of the institution of bona fide acquisition to the movable property and real estate, in order to replace the credit principle. Under the circumstances of the credit principle of real right lacks, the institution of bona fide acquisition can not undertake the heavy responsibility to the protection of the third party's benefit independently. This system arrangement, will block the protection of the third party's benefit in practice, and bring disadvantages to the protection of the trade safety. Thus, we should establish a system which consisted mainly by the institutions of publication and credit to protect the third party's benefit.