Study On Public Trust Of Real Right

Principle of summons in public is of course the request of real right as the absolute right, and in today's world, almost without exception, it is established in various countries` civil code. Because of the different selection of the incentive mechanism for summons in public of real right, however, two patterns of alteration of real right are eventually fromed that are Credit Autouomy of the Will and Credit Antouomy of the Publicity. Forthermore, in the latter, there are also two patterns: the Creditor`s formalism and the Autonomy of Will on Property, for the differences of attitude to the theory of conveyance. These various legislative cases are obviously different in whether or not to establish the principle of public trust and in the scope of application of it.This paper, on the determination of the basic concepts and the comparison of results of the application of the above-mentioned three cases, dicusses the issues related public trust, compares the differences and advantages and disadvantages of three patterns, and set forth the legislative construction of public trust.In addition to introduction and conclusion ,this paper is divided into four chapters.The first chapter summarizes the principle of public trust and determines related concepts.The second chapter of this paper gives an comparison study on the above-mentioned patterns of alteration real right. Among them, Credit Autouomy of the Will and Credit Antouomy of the Publicity, scholars now generally accept the latter and deem that there are clear defects in the former. Credit antouomy of the Publicity considers publicity as an essential element of validity of transfer of real right, and as a result, it avoides lots of drawbacks of Credit Autouomy of the Will in theory and application. And the dispute between the Creditor`s formalism and the Autonomy of Will on Property, is essentially a dispute regarding whether or not to adopt the abstractionship of conveyance. The mainstream of China's scholars advocate a legislative pattern of the Creditor`s formalism, which is also reflected in our country's "Law Relating to Rights Over Things". In this paper, the author makes a comparison between the two, mainly on the controversy of the "bonafides", and demonstrates that the understanding to "bonafidesl" in the Autonomy of Will on Property is more reasonable and practical, and that the Creditor`s formalism will , from the basis of legitimacy of public trust, that is, the correctness of the contents of publicity, destroyes the basis of legitimacy of public trust, thus affecting the application of it, through analysing the case that the application of public trust directed against inconsistences between the true rights and the legal rights caused by nullity of juristic act of claims. The author's view, the Autonomy of Will on Property is superior to the Creditor`s formalism.The third chapter discusses the legislative construction of public trust, including the scope of protection, the essential elements, the effect of application, exceptions and so on.The fourth chapter interprets the terms relating to public trust briefly, and points out inadequacies of the provisions.Among them,the second and third chapters are the main body of this paper.