Protection Of Third Party’s Interests In Real Right Alternation

Property law, a very important part of civil property law, is one of the mostimportant laws in civil law. In the environment of market economy, the change of realright system has important duties to guarantee the effectiveness and order of socialresources’transfer and utilization of goods and safety which means the expression ofinteractions between static and dynamic real right in the trade order. Rapiddevelopment of economic and more frequent trade makes maintenance of security inreal right alteration become focused by property law. As the third party is theincarnation of the transaction order, protection for the interests of the third party inproperty rights alteration has a very important significance for maintaining normaltrade order.In civil law, property right alteration mode which mainly includes meaning of claims,real right formalism and debiting, is respectively typical representative of France, andGermany, and Switzerland. France gave the parties full freedom of will, theirprotection for the third party is registration of confrontation. In Germany formalismmode, the appointment is extremely important, the changes in the public right iselements of property change’s enforcement. Their classic theory emphasizes theindependence and abstract action of real right in property right alteration anddistinctive characteristics on the protection of the third party.Sweden claimsformalism model drew Germany clear advantages of formalistic legal relations, butdid not use highly abstract of abstract actionof real right theory, which makes realright alteration mechanism is more easily accepted. Current scholars on issues related to the protection of the interests of the third partyrights still exists a certain amount of controversies. Throughout the world for nationallegislation, protection of the interests of a third party known to the public is mainlythrough the system of bona fide acquisition, public trust principles and abstractactionof real right theory. The three systems have their own advantages anddisadvantages. The focus of debate should be how to choose and decide.As can be seen in the provisions of the law of property, selection system establishesthe principle of publicity and public trust, the main line of acquire in good faith forthe specific system to protect third party interests in the property right alteration. Thisline of thinking has its own rationality, but there are also some disadvantages indetails such as imperfection of real estate registration system and "in good faith"standard is not clear. For the deficiencies of the system, we should continuouslyimprove after profound understanding and continuous improvement in thedevelopment, constantly improve when developing and look forward to establishing aperfect system of protection for the interests of a third party in the next few years.