Research On Differential Protection Of Third Party’s Interests In Real Right Alteration

As the third party is on behalf of trade order and security in real right alternation, to protect the third party’s interests is actually to protect the normal socio-economic order with an objective and impartial standard. On one hand, the protection of third party’s interests in real right alternation has always been a hot topic in academic community of china. On the other hand, the controversies of Chinese academic community on this issue are focused on the selection and improvement of the bona fide acquisition system, the Publicity and public trust, and the real right behavior theory. These three systems each have advantages and disadvantages, the analysis of the third party protection in real right alternations can’t work without the analysis of these three systems. However, only by analyzing these three systems cannot give third party in real right alternation a comprehensive and effective protection. Therefore, through the differentiation of real right alteration modes and third party, this paper tries to put forward a new method in third party protection. Based on the differentiation of the real right alteration caused by juristic acts and non-juristic acts, this paper differentiates the third party as the third party of original right holder and the third party of the other party in juristic acts-caused alteration, the third party of original right holder and the third party of the new right holder in non-juristic acts-caused alteration, hoping to improve the protection of third party’s interests in real right alteration.This article is divided into four chapters except for the preface and conclusion.Chapter1mainly illustrates the related concepts, including the introduction of basic concepts and the analysis of the necessity of differential protection of third party in real right alteration.Chapter2studies third party protection in real right protection caused by juristic acts. From the theoretical point of view, analyzes different real right alteration modes and the specific rules of third party protection in real right alteration. The specific rules are the bona fide acquisition system, the Publicity and public trust, and the real right behavior theory. From the perspective of case studies, by differentiating third party as the original right holder and the other party in real right alteration, tries to analyze the protection methods respectively.Chapter3analyses third party protection in real right alteration caused by non-juristic acts. Start with illustrates the differences between the real right alteration caused by juristic acts and non-juristic acts, and then differentiates the third party as original right holder and new right holder, to explore different protection ways of third party in real right alteration.Based on present situation of third party protection in real right alteration of real right law of PRC, chapter4tries to put forward some suggestions to improve the third party protection in real right alteration...