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Property Rights Acts Think Twice

Posted on:2006-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z R HuangFull Text:PDF
GTID:2206360152987839Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This article contains three parts. The first part is preface.This part describes the hypothesis of this article and the methods the author uses in this article. The second part consists of three chapters.Chapter 1 discusses the definition of the juristic act of real right.The author concludes that the word of "juristic act of real right"can lead to inconsistency,so it is not a scientifical word. Chapter 2 discusses the independence and abstraction of the juristic act of real right.The author proves that in order to consistute a consistent system of civil law,we should accept independence.But independence would not lead to abstraction logically,and abstraction is not reasonable because it also protects the third party with ill will. So we may accept indepence in one hand,and negate abstraction in the other hand. Chapter 3 elaborates the author's point of view.The author insists that in order to escape from inconsistency,we should not accept the word of "juristic act of real right",and we can subsistutes it with the word of "performance act".In order to protect the security in transaction,we can enlarge the functional scope of the principle of credit by publication. The last part is conclusion.The author concludes that the scientifical means to classify the juristic act in the legal effect is the word of "disposal act"and "burden act".The author also introduces the begaining thought about how to constitute the classification of transference of propterty in transaction.
Keywords/Search Tags:juristic act of real right, independence, abstraction, performance act, disposalact, burden act
PDF Full Text Request
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