China And France Publicity The Legal Significance Of The System Study

The notification principle is one of the basic principles in property Law. The notificationsystem is the key point in the whole property transference. As for the legal meaning of thenotification system, there are two legislative modes, the defensible mode of notificationand the creation mode of notification. The legislative difference between the two modeslies in the historical and theoretical reason. With the legislation of property Law in ourcountry, it is very important to understand the legal meaning of notification.There are three parts of the paper. The first part is to discover the legal meaning ofnotification in historical way. In the second part, we study the legal meaning ofnotification in legislation in different countries. In the third part, we discover the legalmeaning of notification in theoretical way.In the first part of the paper, we discover the historical source of notification in Roman lawand ancient Chinese law. There is no definite stipulation of notification in Roman law, butthe transaction procedure experienced the way of the res mancipi, Cessio injure, andfinally delivery independency from the consistency of intentions of parties. The Romanlaw paying more attention to the form, which maintains the security of the transaction tosome extent, has the same effect with the notification system.In the second part of the paper, we analyze the legislation of notification in typicalcountries. There are two different legislation modes, which are the defensible mode ofnotification and the creation mode of notification. German law is on the basis of right,however the French law is on the basis of behavior.In the third part, we analyze the theoretical meaning of notification. They are theconstructing meaning to the absolute right and maintaining the security of the transaction.The goodwill obtaining system is the manifestation of the validity of the notification.General speaking, notification system is very important in right constructing andmaintaining the security of the transaction. In the legislation of property law in our country,we should consummate the notification system.