By Property Right Behavior

As for the legislative modes of the transference of property,formalism of property was adopted by German civil law.Abstraction of the juristic act of real right departs the risks of transactions from the reason relation defects from the source so that public credibility principle was established,bona fide acquisition was based on the principle of protection of effective and lawful transaction.All these ultimately form a complete system that integrates logic of the legal system to protect the safety of transaction.France claims meaning antagonism,in the personal property,bona fide acquisition to protect the safety of such transactions is the main legal system.In the real estate field,the predominant doctrine and cases of France does not recognize the registration credibility.At the same time in properties being sold twice or ownership of property caused by the reason relation defects,questions were mainly solved with the help of the defensible validity of publication means the buyer can confront the other buyer.However,the publication antagonism always means attention to the principle of publicity due to unlimited expansion of the defensible validity of publication,or limiting the defensible validity of publication due to attention to problem of the meaning.As to the scope of "the third person" protected by the defensible validity of publication,says and cases did not adhere to the consistent position.So the safety of transactions was faced with unpredictable risks.On the other hand,the contract effectiveness directly affects the results of the transference of property,the principle of the publication credibility is difficult to establish.The transference of property with reason is difficult to avoid harming the principle of publication credibility.The question whether the validity of claims effect the result of the transference of property is not solved,the safety of transactions will be faced with unpredictable risks.Given that our country has adopted effective registration in the transference of real property for a long time.In the application of the guarantee law,the validity of the contract to create the guarantee property has distinguished with the validity of guarantee property.Thus,we must accept abstraction of the juristic act of real right.To separate the validity of the transference of property from the validity of the contract as reasons,the principle public credibility can be truly established.Only by so doing will we be able to build up our system of strict protection and comprehensive security system transactions.