Rethinking On The Real Right Changing Mode

Depending on its reasons, real right changing can be divided into action on legal and action on non-legal. Owing to different comprehension of"legal action"contents, which cause real right changing, three major real right changing modes including civil law, civil code and property rights law are formed in various countries. How to choose real right changing mode, the problem lies in: making real right changing causes juridical results need one legal fact, or two, and the two facts properties and correlation.Under the lawmaking mode of German traditional civil law system, the distinction between real right and legal right will certainly cause the distinction of real right behavior and legal right behavior, and including legal right mean-ing, the exists independent real right meaning, then property right changes Therefore, real right action and is independence should be confirmed theoreti-cally. Meanwhile, confirming new mode of real right changing on the founda-tion of making reason property rights system as the center.On the real right changing modes choosing, we must consider the problem whether adopting the real right behavior theory or not. Through analyzing the real right behavior of concept and its independence, the dissertation puts for-wards to one optional mode of real right changing. On the foundation of nega-tive real right behavior, the dissertation also points out that reasonable real rights changing mode can not only make real rights and legal right have more clearly degree, but also make real right changing theory has the responsibility of ensuring property flowing safely and orderly in modern society.