Research On Third Party Interest Protection In Real Right Alteration

Problems of protecting third party interests are of most importance under the conditions of market economy; on behalf of trade order, third party is closely related to real right alteration. Therefore, all countries paid much attention to this problem. Third party protection in real right alteration has values of protecting exchange security, keeping trade order and enhancing efficiency of transaction. According to different real right alteration modes, States selected demonstrative principle of real right, non-cause principle and bona fide acquisition to protect third party interests. This paper assessed third party protection theory and system under different real right alteration, and come to our country should adopt the formalism of credit. After a comparative analysis and review of specific theories and systems, China's third party protection should be in the core of the demonstrative principle of real right, supplemented by bona fide acquisition, and perfect these systems.This article is divided into the main part of the preamble and four chapters.The preamble of the topics introduced in this article background, purpose and significance, an overview of the changes in academic circles on the property rights protection system in the third person, as well as the theory of research methods in this article.Chapter1 defined the third party, which occurred in real right alteration of legal act, owing property rights in the interest of the assignee conflict and those who completed the demonstrative act. This chapter analyzed third party protection value and claimed that trade security is the first value in real right alteration and all systems should be carried out around transaction security.Chapter 2 analyzed different patterns of real right alteration and protection of third party. Formalism of meaning in Japanese fully respects the meaning of parties, however, it is lack of demonstrative principles for the protection of third parties adversely. The main advantages of property formalism lies in its well-established theory in objective to protect the safety of transactions, in order to upheld third party interests. But scholars mostly doubted its reasonability. Credit formalism overcomes shortcomings of the above-mentioned two type's formalism legislation, which should be adopted by our countries legislation.Chapter 3 analyzed and compared the major changes in protection of third party in real right alteration. Due to their inherent logic defects, on-cause theory can not assume the responsibility to protect third party; bona fide acquisitions only protect interests under the dispose and its difficult to judge the subjective; demonstrative principle of real right protect static security as well as dynamic security.On the basis of the existing laws, Chapter 4 claimed that our country should establish demonstrative principle as the core, and improve demonstrative principle and bona fide acquisition systems to perfect the corresponding systems to protecting the third party.