The Model Of China's Real Right Change Dual Legislative Choices

The transfer modes of real right in continental law system include intentionism, formalism of real rights, and formalism of creditors rights. But all countries of continental law system adopt unitary legislation modes; namely, intentionism and formalism could not coexitence in the law system of a country. In fact, they have not good or bad on the function; none but suit or not. The writer discussed respectively from the functionism angle about the advantage of the intentionism and the formalism, and suggested that establish dual lawmaking-mode that give priority to formalism of creditors rights and take intentionism as complement. Actually, dual lawmaking-mode lie dormant in《general principles of civil law》,《guarantee law》,《maritime law》etc. And the'Real Right Law'adopted the attitude of the affirmation to this mode. The writer has some superficial viewpoints to the concrete operation; hereon merely express one's own opinion by this article to congratulate the promulgation of real right law.