Study On Variable Model In Rem Of Property In China

Variable model in rem of property is one of the important issues, how to establish the variable model is always a hotspot in the circle of demestic civil law, that because variable model in rem of property concerns the virtue of real variation, concerns the dealing safety and trade efficiency in the whole social economic order, which is a key, vital task to the legistation for real right and the code of civil law. The main theme of the thesis is real variation and variable model in rem of propery, under the premise of theoneticall disintegrating the variable model in rem of property. The thesis comes up with the legislative ponderation adjusting and regulating the variable model in rem of property of China.This thesis devide into three parts. The first part summarizes the variade model in rem of property to illustrat the distinct of three variable model in rem of property, by expounding the relationship between the variable model of real right, juristical act of real right, publication of real property and principle of public faith;The second part analyses the status quo and shortage of the variable model in rem of property of china;The third part puts forward to the porderation applying creditor's formism, abrogating the doctrine of creditor's will, in order to refrain from the disorder easily arising by the dualistic, variable model of real property still more equilibrium the interests between the party and the third party, avoid the unfair of law application. And the author puts forward to some suggestions to further perfect variable model of real property of creditor's formalism.