The Study Of The Protection Of The Third Person In Real Right Alternation

With the development of social economy,the real right alternation play an increasingly important role in the social development.The effect of real right alternation not only influences the parties in legal nexus but also adverse impact to the third person.Legal relationship of both sides in the process of the transaction is certain,the protection of third person who are not specific is to insure the security of the social trade,the guarantee of economic order become particularly important in the protecting of third party in the property changing.The legislators made a series of laws to coordinate the rights and interests of owners and transaction security.The real right alternation focused on the protection of dynamic security and standardize market order,to coordinate the relations hip both of the ownership and the third person.Real right alteration is the main part of the property law,shoulder the property moving form a benign circulation and ensure the use of important tasks.In the theory,the research of protection of the third person in real right alteration started hot.Property law in China set up the protection of the third party by public notice and public faith principle and the bona fide acquisition.The property law of our country is under the background of the rule of law construction deficient,lake of the coordination.In this paper,under the frame structure of protection of the third party,find the institutional burt of real right alteration.In the research,scholars placed extra emphasis on the ownership between the parties and third party but ignored the validity of synposition of the real right cooperation.Based on the real right alteration and the third person we established the bona fides third party who should be protected.On the question of the protection of the third party respectively obtained from the real right cooperation and the acquirement of real right.This article not only analyzed bona fide acquisition and the principle of demonstration of real right but also analyzed validity of synposition of the real right cooperation.We find the protection of the third party in our country still exist some problems and defects in thedetails,expect the article can put forward the suggestions and reference to solve the problems.