On The Right Of Behavior And Non-sexual Theory

Since the birth of the theory of jus-in-rem-act, scholars have been debating it inthe following over one century's time, and opinions vary, no unanimous conclusion canbe drawn. At present, the establishment of 《 Jus In Rem Law》 is on the agenda in ourcountry. Whether the theory of jus-in-rem-act should be accepted or not in legislationhas become the focus.In this article, the writer first introduces the basic theory of jus-in-rem-act.Secondly, by criticizing the negative opinion demonstrates the great value of thetheory of jus-in-rem-act however in practice or in theory.Thirdly, the writer dissertates the relation of jus-in-rem-act and the institution ofgood-will-acquisition, and argues that the institution of good-will-acquisition can notreplace the theory of jus-in-rem-act.Forthly, by introducing further the relation of the theory of jus-in-rem-act and theinstitution of undue-advantage, the writer considers that the two theories candemonstrate each other.Lastly, the writer emphasizes the importance of accepting the theory ofjus-in-rem-act in Chinese 《Jus In Rem Law》, and even in the fields of civil law orother law.Conclusion: Chinese 《 Jus In Rem Law 》 should accept the theory ofjus-in-rem-act.the writer suggests that we should exploit to the fully the theory ofjus-in-rem-act's favorable conditions and avoid unfavorable ones, and promote thedevelopment of the socialism market economy.