On The Real Rights Public Announcement Principle

Followed the reality of laws promulgation, the real right legislation is making noise already walked away, but once quarrelled "ten big hard problems" not to solve completely finally, the Chinese real right theory and the civil law theory's research still had heavy responsibilities. This article embarks from the reality of laws basic principle, manifests the real right public announcement principle to our country reality of laws to carry on the elaboration.This article is divided five chapters, the first chapter introduced the real right public announcement principle's concept, about the nature dispute and the real right public announcement principle's unique value, the second chapter has studied the public announcement important document principle and the public announcement resistance principle, third chapter, the fourth chapter has studied the real right public announcement way, the fifth chapter has studied the real right public announcement potency.The first chapter first introduced the real right public announcement principle's concept, is refers to the law to request the litigant to by the legal way development real right and the change fact, otherwise cannot have the real right male letter strength and the change potency, and pointed out the public announcement principle contains content, namely real right change and real right male letter. "the right public announcement said" mainly has studied the real right public announcement nature from the static aspect, "the behavior public announcement said that" focuses on the real right change protection, the two have the stress respectively, but overall has not reflected the real right public announcement the essence. "the unification said that" the two organic synthesis, thought the real right public announcement is not only to the right public announcement, is also to the real right change behavior public announcement, but proof aspect slightly obviously insufficient. This article from is clear about the real right public announcement principle solution the question to obtain, to integrate the modern economic life the related essential factor, conducts the deep research to the related theory, right "the unification said that" the proof system has carried on richly. During research modern economic life, real right public announcement system value question in reliefing. To this question, this article has carried on the analysis to the traditional value system, but simultaneously has carried on the unique induction to the modern economic life's request and the practical significance, has pointed out the real right public announcement principle emphatically to the real right change safeguard and the promoter action.The second chapter has studied the real right public announcement and the real right change two kind of union pattern, the public announcement resistance principle and the public announcement important document principle. This chapter through comparison various countries in the real right change and the public announcement system's difference, described the real right public announcement system's dual legislative opposition. But this kind of opposition's theory color surpasses the practice significance, presents unceasingly potential of the fusion. At the same time, when the public announcement resistance principle legislation, betrays the type, the future or other people the thing, the property rights along with the meaning do not express identically shift. On the other hand, the public announcement important document principle, softens day by day as the real right change important document's form, specially in movable property real right change, because concept and so on indirect possession, idea payment introductions, it "the form" already inadequate it was the form, its legal effect also no longer nearly had the difference with the public announcement resistance principle. Our country legislated to practice has used the real right change public announcement be established important document principle in principle, but because of our country countryside collective land contracting system's existence, caused the reality of laws to break through the real estate real right change to implement the registration tenable important document principle finally.Third chapter, the fourth chapter discussed the public announcement method. The real estate picks the registration method, the movable property picks the payment (to hold). Speaking of the real estate, the perspective our country extant real estate registration's laws and regulations, were still the real estate reform transitional product, belongs to the macroeconomic regulation and control measure, in fact still belonged to the administrative category. Has "multi-thread being in power" about the real estate registration the aspect, and the respective basis's law is also different. China's real estate registration institution must unify, this is an inevitable tendency. Holds by no means one kind of legal protection right, but has certain legal significance, legal protection fact. In holds in determination, standard day by day empty, from actual has to controls in certain time and the spatial scope control through certain legal relationship, holds is differentiated to hold directly with indirect possession, to this correspondence, the payment also divides into the reality payment and the idea payment. Regardless of being indirect possession, the idea payment, lacks the objective material shape, does not have the real right public announcement effect. Its existence, also has caused the legal concept, legal logic and even legal regime's confusion.The fifth chapter discussed the existence issue and the solution. Although the reality of laws has promulgated, but has not solved all problems, in the implementation, its and other department's method relations and own structure will also have the new question. If our country legislates the long-standing public announcement and the contract potency direct contact's real right change phenomenon, this article fundamentally pointed out the question produces the root, namely stems from to the contract basic property misunderstanding and regarding the freedom of contract principle pattern, and elaborated in the creditor's rights contract and the real right contract essence; Change public announcement and the real right success and failure between regarding the real right change the relations, in the theory exist to the real right public announcement potency exaggerating question, rests on our country "Reality of laws" the related stipulation and the actual situation, should divide implement the absolute registration principle the real estate real right and the scope and implement the relative registration principle the real estate real right and the scope, thus correct understanding real right public announcement potency question.