The Acts Of Real Rights In Civil Law Code In China

Theory of Property Act was proposed by Savigny, but the basic content of the Roman Law has a similar presentation. Property Act is not so called "false", "fiction" by some scholars, but has its own inevitability. This necessity is the German civil law foundation soil. Elements of Property Act consist of two parts, namely, the meaning and appearance of the property transfer acts, both of which are indispensable. Property Act was improved by afterward scholars with the formation of a behavioral theory, including the three aspects: the principle of independent abstract principle and the principle of publicity.Property Act will lead to property changes, and changes in our rules of civil law property norms are diverse and confusing. Civil Code entered into force in the specification of the current study, and changes in property rules which can be found there are three: one to register as a control for the effect of changes in rules of contract claim, which the property to determine the effect of changes in the effective practice of contract claim is unscientific, Property Act does not exist in this phase; the other changes in the rules for the publicity against the doctrine, the essence of the corresponding property changes meaning doctrine claims model. In this context, the meaning is not independent of property claims, the behavior of property rights cannot exist; the three changes to the rules Essentials Doctrine, scholars have generally agreed that this change Mode property claims of formalism, but after the "Property Law" coming into effect it should not be explained that way. Within the "Property Law", Property Act is to exist, and can make reasonable explanation to the legislation in the judiciary to resolve the problem.In the final chapter, the author points out that China had been following by the German civil law tradition since the late Qing Dynasty, although sometime also by the Japanese Civil Law, Civil Law of the Soviet Union . but we can't deny that China has returned to the track to learn German civil law, while German civil law elements can be seen everywhere in the Norms of Civil Law. Secondly, the author points out that the nature of property and its distinction between the meaning of claims, and further points out that the development of civil law understanding of property rights and to correct deviations. Finally, the author points out that the positive law of Property Act has been recognized as independence and non-reason.