Movable Property Public Credit System

The thesis is focusing on the public summons and trust of personal property right, as well as discussing the theory of alteration of real right and the bona fide acquisition.The whole thesis is divided into three parts. Part I is a summary of the public summons and trust and the theory of alteration of real right; in part II ,which is the most important part in this thesis ,the author discusses the public summons and trust of personal property right in detail; Part III is concerned with public summons of personal property mortgage.Part I contains two aspects. One concerns the fundamental issues of public summons, and the other relates to the content on the theory of alteration of real right, including the construction pattern of alteration of real right. Concerning the fundamental content of public summons, the author firstly shows us its concept, and then searches some systems in Roman Law and Germanic Law which do not belong to the system of public summons but contain the function of public summons. After that, the author elaborates the option of the law to the means of public summons, and points out that registration is the means of public summons for real property and that of personal is possession. Furthermore, the author gives us the four characters of means of public summons and the four kinds of legal validity of public summons. With regard to the theory of alteration of real right, the author firstly traces back to some theory on the alteration of real right in Roman Law and Germanic Law, and then tells us three theoretical patterns of alteration of real right based on the juristic acts chosen by the Continental Law Family, finally gives us two types of construction patterns of the alteration of real right.Part II relates to the public summons of personal property right. The author firstly makes an introduction of the means ofpublic summons of personal property right, that is possession and delivery, and then illustrates the legal validity of public summons. With respect to the legal validity of public summons, the author illustrates in turn the right presumption of possession, the validity of formation of delivery, the validity of antagonism of delivery, and the validity of public trust of possession.When elaborating "the means of public summons of thepersonal property right in static state-possession", the authortraces back to the doctrine and its development on the constituent of possession. After criticizing a series of doctrines, the author expresses his opinion on the constituents of possession, and points out that the concept of possession contains two points: One is the objective constituent, which is the domination of the object, and the other is the subjective constituent, i.e, the necessity of containing the will of possession.The so called the will of possession is not the will of occupation for oneself in Sdvigny' s words, but the will which the possessor holds when exercising the kind of right on the chose in possession. The opinion raised by the author on the subjective constituent of possession is the basis of the concept of the later-held "presumption right". The author is not making tautology here. With respect to "the means of public summons ofthe personal property right in dynamic state-delivery", theauthor simply introduces the four patterns of delivery.As for the right presumption of possession, the author puts forward the concept of "presumption right". The so called "presumption right", is a kind of illusory "right" which comes into being pursuant to the subjective constituent of possession and the legal validity of presumption of possession. No real right as it is, under certain condition, it takes the legal effect as the real right. "Presumption right" has three characters: non-reality the continuity with possession, and the restrictiveness in Categories.The "presumption right" is the basis of the public trust of possession, which constitutes its legal significance.Concerning the antagonism of delivery, the author f...