On The Property Contract Specification

Since the law of the title to assets of China has been published, the critical discussion about the fundamental questions of whether its title to assets contract regulation is accepted by most of people never stop. This article introduces the signification of academic background, constructional key points and independent and abstract principles from concept of contract and makes a discussion about the advanced regulation of title to assets contract under condition of adopting behavior of the law. It holds that lawmaking should choose the advanced theory of law. Under condition of lawmaking obligation , law behavior system, system of right of asking for returning immorality profit and distinguishing between the title to assets and creditor's rights of owning right of property clearly, lawmaking can adopt the title to assets contract regulation. The article also has an angle from the criterion function of private law. Having a new confirmation about private law can help us clarify the judgmental function of the title to assets law. The article from the point of function of the title to assets law shows that opposing the argumentations of the title to assets contract such as dishonest business, civilians innocence, goodwill gaining and replacing the title to assets contract by notification system, in fact, is irrelevant to the subject. At the end of the article, it comes into conclusion that we should adopt the title to assets contract when we accept the concept of law.This article consists of three parts: introduction, main body and conclusion. The main body is divided by the following four parts.Part I:Lawmaking must choose advanced law fruits. First, this part has a clear view about mission of legislator which guarantee the private freedom space, then renew the cognition for the function of private law. As we know, law serves for dealing with dissension between mankind, so private law must be a judgment criterion, not for behavior criterion. Regard judgment criterion as a judgment method when judger solve the dissension. So we should choose the exact concept and technical theory of law as choice of lawmaking.Part IIthe title to assets contract should be regarded as an advanced system. This part mainly tells us about that the title to assets contract is outcome of nicely thought and...