Changes In The Real Right Formalism Mode Research

The purpose of move of property right consists in clarifying the belonging,availability and protection of property right, which is one of the essential kernels anddifficulties of studying and applying property right. The large controversy in the moveof property right is no more than the move mode of property right. The move mode ofproperty right among countries belonging to the system of France comprises creditorintentionalism, creditor formalism and formalism of property right which falls into thesystem of German. As to these three modes of move of property right, scholars havedifferent opinions on which is the best. What they argue most is the mode of theformalism of property right.The thesis firstly makes a concise introduction to the definition， reason,significance, the value from the perspective of law and classification of the mode ofthe move of property right. Then the thesis deals with the theory of fact of propertyright which underlies the move mode of property formalism, and summarizes thedifferent opinions on this point and renders the author’s own opinion. The authorthinks the formalism of property right on the basis of the theory of fact of propertyright is sound, orderly and delicate, with more accuracy from the scientific and logicalperspective and more advantages. Every judgment in the civil law has somecontroversy, which is a good phenomenon just as a proverb says,“Knife will besharper when you sharpens it and a theory is more specific when we argue a lot”. Butwe should avoid saying to ourselves and adopting the stereotypes of thinking to rebutthe opponent. Ultimately the author comments on the different opinions of domesticlaws of the move of property right thinking that the move of property right in ourcountry is mainly the multiple modes based on the mode of creditor formalism,namely, including mainly the tenable important document doctrine with the help ofresistance important document principle. This kind of mode of move has manydisadvantages in the legislation and theory. As to protecting the order of transactionand maintaining the benefit of the third part, depending on the help of law is quiteinadequate. Moreover, acquiring beneficently has its own defect. Only by combiningthe theory of fact of property right, the law of formalism with the law of acquiringbeneficently can the purpose be accomplished. The thesis compares and analyzes the mode of move of property right, drawing the conclusion that this kind of mode has thevalidity and advantage compared with the other modes of move of property right andit has practicability in legislation and befits our current situation. We should takeadvantage of its sound aspects.