The Method And Effectiveness Of Real Right Publicity

Real right in categories of law, is a dominant right which affirmed by law thatthe main body enjoyed towards an object. In other words, it means the main body willdominate an object without interference within the four corners of the law. Thedominant and exclusive nature of real right decides that the changing of real rightmust be through a public way which reflects the actual situation so that we canprotect the lawful interests of the third party. It’s pretty important both in theory andpractice to study the publicity of real right.It’s the natural and value attribute of real right, along with Economic development andneeds of trade that decide the methods we choose to public real right. Possessing anddelivery are the public methods for movable property, while register for immovableproperty. To analyze the methods for movable property in the static and dynamicstates, we can define possessing as the static method and delivery as the dynamic onewhich are inseparably interconnected. Since people are already fully aware of theconstructive effect for possessing, this thesis emphatically studies the method ofdelivery, including the types and legal structure and the comprehension of statutesabout possessing of our country. As for delivery, this thesis compares the types ofsystems and the institutions.Starting from the method, this thesis contemplates the effect for presumption anddecision and credibility, and then compares and analyzes the two patterns of the effectin real right publicity.By studying the foundational theories of the method and effectiveness of realright publicity, this thesis tries to expound the regulations of real right publicity inChina and investigate the omissions including defects in real right register, theseparation in effectiveness of publicity and contract, and the extremes of the effect inreal right publicity. In addition, by analyzing the reflection and application of realright publicity in typical cases, such as purchasing buildings in the name of another person, paying debt by the same building repeatedly, borrowing the property rights ofa building, or running a taxi by renting other’s qualification, this thesis discusses howto remedy the omissions of legislation by juridical practice. Through the analysisabove, this thesis puts forward proposals for the delivery system of our country,including defining the nature of delivery and building an independent institution andbuilding the system of investigating the essence, and at the same time advancesresolution for problems caused by inconformity of registered oblige and real oblige.With the promulgating of Property Law of our country, the legislation defect hadbeen remedied. But confronting much more complicated social relations, we need thestatutes and methods to be much flexible and closer to frontline of the conflict ofrights so as to brought into full play the advantage of real right publicity.