Property Rights Legislative Model Of Change

Since Germaic scholars create the Thoery Of Justic Act Of Real Right, the thoery becomes the focus of controversy. As to the legislative model of real right change which is based on the thoery.the world divides three schools—Relative Autonomy Of The Will represented by France, Real Right Formalism represented by German.and Creditor's Rights Formalism represented by Switzerland which uses the above two for reference. Vague is the attitude of our national law to Thoery Of Justic Act Of Real Right and legislative model of real right change. Different laws have different regulations. Although newly enacted Real Right Law mades many amendment on the old regulations,there is no unification on the legislative mode. The systematicness has not formed.On the base of in-depth analysis of the thoery of justic act of real right, the dissertation compares three kind legislative models of real right change, then pionts out each mode's advantage and disadvantage. Further the dissertation brings forward a new legislative model of real right change.which avoid the traditional three legislative models' disadvantage. The new legislative mode also in thoery integrates systematically our national regulations on real right change which adopt different legislative mode. At last, the dissertation analyses carefully Real Right Law and prospect the legislative trend.The first chapter introduces the traditional Thoery Of Justic Act Of Real Right. On basis of analysis,the existence of justic act of real right is made sure,but sometimes its independence can not be discovered . At the same time it's Abstract-Principle is denied.The second chapter introduces three kinds legislative models of real right change,which are legislative model of Relative Autonomy Of The Will, legislative model of Real Right Formalism and legislative model of Creditor's Right Formalism.On the comparion of the three models, disadvantages of each are fingered out. The legislative model of Autonomy Of The Will makes confusion of the real right and the creditor's right.and also makes transferor unfair. In addition.the absurdness of Abstract-Principle disables the legislative model of Real Right formalism. Most reasonale legislative model is Creditor's Right Formalism, however its shortcomings include onesidedness of actual delivery.breach of autonomy of the will principle,low efficience and uncontrollability of register and so on.The third chapter is the emphasis. The chapter analyzes the ralations among justic act,real right change and real right On The Pablic Dispay.Justic act is a kind of legal law which can have some effect of real right chang on the real law. If real right is changing, On The Pablic Dispay can be made or need not be made in which register only act as protecting the third party.Speak strictly, register is not a kind of legal law.Since it functions more as On The Pablic Dispay, it is only a kind of factual behavior which makes real right change for the regulation of law.On this base, a new legislative model named "legislative model of widesence delivery formalism" is put forward.It's content follows:besides legal act, widesence delivery is also an important document for real right change.For real right which is On The Pablic Dispay by means of register, real right change can not take effect on the third party unless register. The author has written a lot about the advantages of this new kind of legislative model.The forth chapter introduce Acquisition In Good Faith System and On the Public Display and Public Trust System, which match the new model. When there is conflict between the true holder of the right in rem and third party acting in good faith, the two systems can interdict the trace effect of the real right. Then the trade safety can be protected. Of them, Acquisition In Good Faith System aims at real right which display on the public by means of delivery, On the Public Display and Public Trust System aims at real right which display on the public by means of register.At last, the fifth chapter analyzes regulations on real right change of Real Right Law. There is some diverge on several regulations which is worth discussing, but the legislation have a trend towards "legislative model of widesence delivery formalism" as a whole.