Description Of The Dualistic Structure Of Property Rights In Civil Law

From the perspective of the"general-specific"structure of the German civil law, the Legal Intention Declaration which is an essential element of the transfer of the civil rights through contract is one of the factors that lead to the dualistic structure of property rights. The Legal Intention Declaration determines different sorts of civil rights and embodies the spirit of autonomy of will. This differs from another logical starting point to study the dualistic structure of property rights -- the category and effect of civil rights such as the right of dominion and the right of claim, the relative right and the absolute right. The thesis precisely studies the dualistic structure of property rights from the perspective of Legal Intention Declaration and Juristic Act and at the same time makes an interpretation of methodology.To study the dualistic structure of property rights from the perspective of Juristic Act is to study it from the perspective of the transfer of civil rights which stands for transactions in our daily lives. During the process of transactions, the real rights and creditor's rights have different effects because of different Legal Intention Declaration and thus of different Juristic Act. The principal categories of Juristic Act are the juristic act of right in rem and the juristic act of credit. Different but corresponding rules, such as the theory of cause, the abstraction of the juristic act of right in rem, the rule of freedom of contract and the principal of legality of right in rem, respectively apply to the law of property and law of obligations. Thus, the dualistic structure of property rights is the logical result of the civil law theory.Thus, the thesis consists of three chapters and the conclusion. The first chapter explains the historical development and content of the theory of dualistic structure of property rights with the aim to make clear what this thesis is talking about. The second chapter firstly explains the reasoning approach of the thesis and then establishes four models to analyze the legal structure of the process of transferring civil rights with the aim to better understand the theory of dualistic structure of property rights from the perspective of Juristic Act. The third chapter elaborates the above-mentioned rules applied to the law of property and law of obligations with the aim to better understand the typical characteristics of the theory of dualistic structure of property rights. The conclusion is that to study the dualistic structure of property rights from the perspective of Juristic Act is actually an interpretation of methodology which is different from the methodology to study the theory from the categories and effects of civil rights.