On The Protection Of Property Rights Changes In The Interests Of A Third Party

This paper adopts historical research methods, research methods of comparative law, empirical research methods, and economic analysis research methods to discuss the protection for the interests of the third party in real right alternation. The paper undertakes an analysis based on the basic concepts and theories and expounds the prerequisite and basis for the protection of the interests of the third person, and demonstrates the necessity of protecting the interests of the third party in real right alternation. Property right law is mainly through protecting the interests of the third person to achieve the normal order of market transactions and the security of market transaction. Because the third person represents the transaction order, and the whole market economy is connected by the specific third person. The paper introduces the vertical historical evolution history of the protection for the third party in real right alternation, describes, compares, analyzes horizontal different legislative provisions from different countries or regions (the modern civil law countries' different legislation under the different real right alternation modes and different legislative provisions of common law countries) and summarizes the main factors affecting the formation of different legislations. On this basis, the paper researches the major systems of protection for the interests of the third person. Finally, on the existing legislation, the paper points out the shortcomings of the protection for the third person in China's current law,and makes suggestions in order to achieve the paper's purposes:to sort out theoretical problems, and strive to be useful for practice and legislation.