Consideration Of The Interests And The Relief Measures In The Theory Of Abstraction

The theory of abstraction has a long history, after more than a century, still has countless followers, in many areas of civil law with its mark. With right behavior, bill behavior and authority conferred as the theory of abstraction typical forms. Though, many scholars are slightly different theoretical definition, but the theory essence is the same, that the theory of abstraction is based on the policy, legislation for transaction security for the purpose of the institutional arrangement. In this paper,aythor will briefly introduce the theory basis, through the investigation in the typical forms of the theory of abstraction respectively, the three legal actions, often used by law concerning the interests respectively, for further consideration by using the theory of three kinds of legal action in the state interests and how. Undoubtedly, this theory applied in the typical legal behavior showed its huge areas. However, its shortcomings, the theory of abstraction and the application of these legal behavior, the imbalance of party in interest shall be effective protection, harm the interests of the other party.The theory of abstraction shows the positive role and defects, this article from the interest from the Angle of the theory of the interests of profit, so as to change the effect of its perspective, On the other hand, face the theory of imbalance problem, this paper proposes several relief measures for the benefit of the damaged party shall not produce benefits. Hope that through these remedies, under the theory of the theory of abstraction square interest to remedy interests. To make use of this theory is more reasonable. Namely, based on the three typical the theory of abstraction legal actions under the theory of analysis of the status of the interests, to find the general rules of the law, through the analysis of the theory of more clear insight into the disadvantages. Thus, in its advantages, its defects found in the remedial measures. In the legal behavior, through to the damage to the interest of social relief effect, achieve this theory better applied to practice in order to adapt to the requirements of the changeable economy.