Researching About Abstractness Principle Of Real Right Behavior And Some Problem Of It

Germany's jurist Konrad Zweigert thought that the abstractness principle is "typical features of Germany's legal system". juristic act of right in rem is the most important achievement, the abstractness principle is the subtlest in it, and the abstractness principle is the essence of BGB. BUT, it is the most controversial problems,we can understand more about BGB by researching it, we can know some Legal system clearly, and we can study it for lawmaking in future. In a word, it is worthy of our research. Because china's property law was made, Property rights act theory that is neglected Long is hot now, especially the argue about the abstractness principle. This paper studies some problems about abstractness principle in order to understand the theory profoundly.This thesis are divided into six parts consist of preface and ending.The first chapter is historical work of abstractness principle of juristic act of right in rem, it Is divided into two parts, in order to provide some theoretical basis for behind argument. The first part is the origin of the real right behavioral theory, real right behavioral is important for abstractness principle, if we understand the real right behavioral, we will understand abstractness principle, from the origin of real right behavior, we can research the history of abstractness principle. This section is the origin of the real right behavior, concept of controversy and author's position. Puts forward, development and established of abstractness principle is the second quarter, abstractness principle is proposed by Savigny, it is come from'Delivery is a real contract', abstractness principle is developed by Baal, Dernburg and Jhering, abstract is developed from internal to external, the abstractness principle is established in BGB. this code is very influential, in order to discuss abstractness principle, we research the BGB is a good way.The second chapter is debate about legitimacy of Protect the safety of deals of abstractness principle. Starting from scholars dispute, display the views of the author from different theory, and this chapter includes two parts. The first part is empirical analysis and teleology debate about the function that is protecting the safety of deals of abstractness principle, this part is key of this chapter, I think they don't object the fact of protecting the safety of deals, controversial is the problem Which one should be protected, ownership or transaction security? The author thinks that transaction security is justified from detailed argumentation. The second part is summary. The third chapter is having been situation analyses of china's legislation about abstractness principle, it contains three parts. In this chapter, from analysis adequately, we can know our country admit the theory of abstractness principle. The first part for some example in the legislation of our country before the property law come on, it mainly involves the general rules of the civil law of civil law,72 in clause 2, "contract law" 51, "contract law" the provisions of article 58. The second part is with a "matter right law" some relevant regulations, for example, through the argument of part one and part two, we can know our country admit the theory of abstractness principle. The third part is summary.The fourth chapter is enlightenment for the civil legislation of our country in the future with abstractness principle, it contains three parts. In this chapter the discussion is foundation for the enlightenment for the civil legislation of our country in the future. The first is perfecting the relationship of abstractness principle and good faith acquisition system, through the analysis of complement each other, we can construct abstractness principle and good faith acquisition system in the future. The second part is constructing returning unjustified enrichments with abstractness principle. because the returning unjustified enrichments is neglected, so the author thinks that abstractness principle is the precondition, lawmakers must perfect undeserved benefit system in the future, in this part, the author puts forward some construction proposal.The last part is epilogue, the role is summarizing the content...