Changing. Property Rights Protection Of Third Persons

The nature of jus ad rem is one controlling and exclusive right, so the changing of jus ad rem will greatly influence the interests of a third party, which is the embodiment of the market order, and the normal economic order of the entire society is composed of many third parties, therefore, it is necessary to protect the interests of the third party in the changing of jus ad rem. As for the protection of the interests of the third party in the changing of jus ad rem, there are three examples of legislation, that is, the system of acquisition with good of acquisition with good faith, Abstrakte.Natur and the principle of publicity and absolute effect. With the value-orientation of the changing of jus ad rem as the clue, this thesis is to have a review and comparative analysis of the above three examples, and the author argues that China's theory and system concerning the protection of the interests of the third party should be established under the guidance of the principle of publicity and faith. The author also puts forward several advices concerning the specific systems. This thesis is composed of five parts, totaling 30,000 words:Part I focuses on the necessity of protecting the interests of the third party in the changing of jus ad rem. The author briefly introduces several basic categories of the changing of jus ad rem, and then goes on discussing the nature of the third party involved in the changing of jus ad rem. In the end the author has a review of the history of three specific systems concerning the protection of the interests of the third party and d ws the conclusion of the value-orientation of the changing of jus ad rem in contemporary era, that is, the static safety of estates should be paid attention during the protection of the transaction safety.Part II focuses on the analysis of the system of acquisition with good faith, the nature of which is advocated to be one legal system regulating the conflicts between the interests of the real obligee and the assignee in the unauthorized disposal of estates. The truth of its protection of the transaction safety is that through the special stipulations in jus law, thethird party can acquire the ownership or other rights of the object, thus to prevent the exertion of former obligee's right of the real claim .Therefore, the legal basis of the system of acquisition with good faith is the special stipulations in law. The end of this part focuses on the analysis of the defects existing in the system of acquisition with good faith.Part III has a review of the theory of Abstrakte.Natur. The author expatiates on the definition of Abstrakte.Natur , and then analyzes the theoretical base and economic reasons for its existence, that is, the admission of the independence of juristic act of right in rem is the precondition to understand Abstrakte.Natur, and the important reason for the existence of Abstrakte.Natur is its function of protecting the transaction safety. The author also has a comparison of the theory of Abstrakte.Natur with the system of acquisition with good faith and points out their own advantages and disadvantages .Part IV focuses on the analysis of the principle of publicity and absolute effect. The author introduces briefly the fundamental theory of the publicity of jus ad rem and then expatiates on the two patterns of the effect of publicity , that is, constituting effect ; negative effect. Based on the comparison of these two patterns, the author argues that the pattern of constituting effect should be adopted in China's legislation of jus ad rem concerning the effect of publicity. Based on the comparative analysis of the above three systems, the author argues that the principle of publicity and absolute effect is more scientific, complete and rigorous than the other two system, which also has the function of protecting transaction safety shouldered by the theory of Abstrakte.Natur, and can make up the defects existing in the theory of Abstrakte.Natur.Part V puts forward several advices on China's establishment of the system...