On The Change Of Special Animal Product Rights Under Registration Oppositionism

This article attempts to systematically review the registration confrontation system and expound its theoretical basis and operating mechanism.On the basis of previous research results,we analyze various theories and doctrines,put forward our own opinions,and analyze them according to the legal system of our country,combining with the specific provisions of our laws and the status quo of judicial practice,so as to reflect the research value and significance of this article..The registration and confrontation system originated in France.Its theoretical basis is the idea of natural law.Under this type of thinking,property becomes a purely ideological existence.Therefore,the meaning of the parties can cause changes in property ownership,because this meaning has a relative nature.It is unknowable to the outside world.Therefore,the law stipulates that registration is a statutory form of publicity so that such changes in property have the effect of countering universal third parties.The general property rights changes in China are based on the distinction between burden behaviors and dispositional behaviors,and emphasize the consistency of property rights changes and property right publicity.Therefore,under the legal system of our country,there has been a great debate on the pattern of registration against the change of property rights.This article demonstrates the existing law through the method of system interpretation,demonstrates that under the current legal provisions in China,delivery is the essential element and time boundary of the ownership of special movable property,and this conclusion is verified based on judicial judicial practice.At the same time,through the analysis and analysis of the principle of the registration confrontation system,this paper proposes that the significance of the registration confrontation system is to distinguish the internal relationship between the parties in the change of real right and the external relationship between the parties and the third party.The theoretical basis is the change of real right and The separation of property rights.On the basis of the distinctionbetween property rights and creditor rights in China,the registration and confrontation system in French civil law is interpreted and modified.That is,the change of property rights occurs between the parties,and the agreement between the parties to achieve the right to property is required.The registration behavior is based on The occurrence of a change in power is a precondition,and it has the effect of counteracting against a third person.At the same time,in view of the external relations of property rights change,this article mainly discusses the range of good intentions of third parties from two aspects of subjectivity and objectivity.Based on the priority of property rights over creditors' rights,this article believes that the third person who can't fight only refers to the material The rightful person does not include the creditor,but goodwill refers to the subjective state of the third person as unknown or not.