On The Protection Of The Interests Of The Property Changes

As a very important content of the property law, the issue of the protection of the third party in real right alteration has been discussed for a long time. Before the property law is issued, although there are some simple prescriptions in judicial interpretation and specific laws, the issue is still blank in Chinese legislation. In the theoretic area, the issue is being widely discussed. By the method of comparing, standardization, demonstration and synthesis analysis, this thesis makes a research on the issue and provides some pieces of advice, through the exploration of legislations in different countries and the research on the Chinese Property Law.This thesis is composed by 4 chapters:Chapter one discusses the basic issues related to the protection of the third party in real right alteration and the current value of it. Firstly, it introduces some basic concepts about the real right alteration, what is a real right and what is the real right alteration. Secondly, it explores some basic patterns of the real right alteration, the alteration resulted from legal acts and the one not resulted from them. Thirdly, it gives a proper definition of the "third party" concerning the real right alteration. The third party in real right alteration is an extensive concept which should be considered broadly. Lastly, this chapter explores the value orientation to protect the third party's interests in real right alteration in contemporary era. As the market economy is developing and transactions are quite frequent, every person, company or organization is likely to become a third party due to the transaction of goods in different bodies. Like a chain, the third parties keep transactions go on. If there is anything wrong in the process, the realization of the interests of the third party will be damaged. Therefore, the third party's interest is the embodiment of transaction order.Chapter two explores the legislation of the protection for the third party in real right alteration. It is widely accepted in the theory that the legislation pattern of real right alteration can be divided into the principle of consent and the principle of formalism. The latter can be divided into the principle of real right agreement and the principle of contractual agreement. Under the principle of consent, contract can fulfill the mission of real right alteration, so there is no real right act. Under the principle of real right agreement, the real right agreement and the public demonstration and public credit are necessarily needed, and the public demonstration and public credit plays an important role in the protection of the third party. Real right act is abstracted from the principle of formalism. It is independent and can be got without cause. Under the principle of contractual agreement, there is no real right agreement. The cause of the ownership transfer is contract.Chapter three discusses and compares the principle of public demonstration and public credit, the theory of acquisition with good will and the principle of juridical act of real right without cause. The principle of public demonstration and public credit can not only protect the both parties in transaction, but also the interests of the third party. It provides a proper balance between the dynamic safety and static safety of transactions. The theory of acquisition with good will protects the interests of the third party in transaction, maintaining the market transaction order, protect the transaction safety and save the cost of it. The principle of juridical act of real right without cause is an explicit legal system, easy to be applied in jurisdiction, and protecting the interests of dealers and the transaction safety. This chapter also analyzes the defects of the three principles above. By comparative analysis of the above three systems, the conclusion can be made according to the reality of our country, that the principle of the third party's interests in real right alteration should be adopted on the issue of the protection of the third party's interests in real right alteration.Chapter four makes research on the new Property Law. Firstly, it introduces the prescriptions in the Property Law. Secondly, it analyzes the rationality of our legislation pattern in which the principle of public demonstration and public credit is the base with the theory of acquisition with good will as a supplement. Lastly, the author makes suggestions to amend the article 24 of the Property Law.