On The Theory Of Juristic Act Of Real Rights Established In The Law

In this paper, the author intends to deal with the application in Chinese Property Law of the doctrine of property behavior, which was created by German jurist Savigny in last century.The paper consists of four parts. In the first part, it is discussed that property behavior is defined as a complete legal act of explicitly expressing the intention of modifying property, in combination with registration and delivery. Besides, the author also demonstrates the general and special prerequisites for the property behavior to come into effect.In the second part, the author first made a brief introduction of different legislation models for regulating modification of property adopted in France, Japan, German, Austria and Switzerland. On analysis of these legislation models, it is believed that, compared with the formalist model adopted in German, eclecticist and intentionalist models focus on the easiness of transaction, but not at the price of transaction security. In some cases, such security measures as registration are also necessary for coming into effect.In the third part, the author analyzed the two main characteristics of property behavior: independence and innocent acquisition. As for independence, express of intention is thefundamental condition and basis on which a property behavior comes into effect. In order to have profound understanding of independence,the author made comparison between property behavior and creditor's right from such different aspects as contents,effect,application and prerequisites. As for innocent acquisition,the paper is centered on analyzing safety of transaction and the difference between innocent acquisition and improper profiting.In the fourth part,the author first of all introduced the different standings that Chinese scholars hold on doctrine of property behavior. Following that,the paper opined that the doctrine of property behavior should be adopted in China's General Rules of Civil Law. As for the dissenting opinions on this doctrine,it is suggested in the paper that different legislation models in the property law system should be adopted in different parts of the property Law that China is planning to enact. For example,legislation models in Germany should be adopted in Chapter General Principles of the property Law.