On The Right To Conflict And Disposition And The Innocent

Entitled to dispose system and good faith acquisition system of civil law are two important system, In our civil law these two system exists many conflicts. Conflict root lies in two close contact system Settings theoretical basis is different. Entitled to dispose set is based on the theory of contract that unity. Debt And good faith acquisition system Settings is based on the theory of content debt separation. If you want to solve the conflicts between the two, we must insist on the independence of the real right behavior, real creditor behavior and strictly distinguish conduct. Disposal action is a burden to the creditor, it shall be the behavior and relevant regulations. And in good behavior is real, it shall be the disciplinary actions related provisions. According to the general principles of debt contract shall be effective, disciplinary contract. The existence of good faith acquisition system not only adhere to independence, but also real right behavior of real right behavior WuYinXing must. The theory of real right behavior of recognition and use solution is entitled to dispose contract and the fundamental institutional conflict in good measure.