Study Of The Basic Theory Of The Behavior Of Real Right

The theory of juristic act of real right is a basic theoretical issue in the law relating to rights over things. Making a deep research of the theory of juristic act of real right provides not only a theoretical reference for the choice of different legislative models of patterns of real-right changing process but also a discrimination of the advantages and disadvantages of different legislative models of patterns of real-right changing process in real life and an important theoretical basis for enacting the law of things and the civil code. The research of the theory of juristic act of real right in China is far beyond maturity, even at the initial stage we should say. The obscurity and mess in theory not only result in hot academic debate but produce a dilemma in legislation The study of the theory of juristic act of real right, therefore, endures great theoretical value and practical significance. For the reasons above, this paper hackles the basic theoretical issues of juristic act of real right and makes a deep research in my own perspective and as a result, puts forward my own views and understandings expecting to contribute to the whole study of the theory of juristic act of real right By probing into the origination of the theory of juristic act of real right, this paper makes it cleat its origins and developments, studies the concept of juristic act of real right, introduces the cardinal contents of the theory of juristic act of real right, analyzes the omissions and faults in the field of the theory of juristic act of real right in our study of the science of law, and by doing so, constitute a basis for further study and legislation. This paper consists of three parts with approximate 58,000 Chinese characters.The first part makes a through inquiry of the origins and developments of the theory of juristic act of real right Firstly, the author observes the rules of property transfer in Roman law and Germanic law, by analyzing mancipatio, cessio in jure, traditio and gewere, tries to explore the origination of the theory of juristic act of real right Secondly, the author emphasizes on the pregnancy and development of the theory of juristic act of real right in common law of Germany and the first embodiment in statute and final establishment and affirmance in civil code of Germany. Finally, the author analyzes a few arguments of the theory of juristic act of real right most favored and points out the faults of them and holds that mancipatio and cessio injure in Roman law or gewere in Germanic law can be regarded as the embryo at most of the theory of juristic act of real right because there exists a great or even substantive distance between the above forms and the juristic act of real right As a product of modem law, the juristic act of real right acquires no complete form in ancient law systems.The second part observes and studies the essential contents of the theory of juristic act of real right Firstly, the author delineates Savigny's ideas about the theory of juristic act of real right so as to primarily understand the theory of juristic act of real right. Secondly, the author makes a brief introduction of the divergences for the understanding of the concept of the juristic act of real right, probes into the inner construction of the concept of the juristic act of real right, puts forward that we should combine the declaration of will and the forms and consider the legal effect to define the concept of the juristic act of real right and delineates the reasonability of this definition On the above basis, the author examines the relations betweenthe concept of the juristic act of real right and the choice of different legislative models of patterns of real-right changing process and favors the German legislative pattern as the example to follow in our legislation. Finally, the. author describes the essential contents of the theory of juristic act of real right in contemporary law and explores the scope of application of the theory of juristic act of real rightThe third part probes into t...