On The Behavior Of Real Right Without Reason

The non-reason of real right action theory came into being in Germany and extends in the history of civil law, which has drawn the attention of civil scholars in all countries. From the cutting-in points of connotation and remarks of non-reason of real right action, the paper is about to analysis the relations among the system of non-reason of real right action, the system of goodwill obtaining and the system of improper benefiting, and set forth the relationship between this system and our civil legislation. The scholars claim that civil legislation of our country should adopt real right action theory and its system.The first part set forth the connotation of non-reason of real right system from the aspects of theoretic statement, structural analysis, theoretic doctrine and history of legislation of non-reason of real right system.The second part estimated this system from two angles, i.e. the function of the security protection of general dealing and the function of perspicuity of code structure system, meanwhile, reviewed the methodology of high abstract and technology of the system.The third part compared the non-reason of real right action theory with goodwill obtaining and the system of improper benefiting in civil law. It compared leitmotif, scope of application and functional mechanism between the non-reason of real right action theory and the system of improper benefiting. Furthermore, it analyzed the conflict in terms of the change of movable real right in the two systems and the effect of explanation and deploitation in terms of inscape of improper benefiting, scope of application and the effect of correcting the benefit imbalance which is caused by improper benefiting towards the system of non-reason of real right, and opened out the intrinsic relations between he system of non-reason of real right and the system of improper benefiting.The fourth part of the paper mainly analyzed our legislation pattern of real right alteration and the attitude towards non-reason of Real right action in the field of civil law, and set forth the aim and existing obstacles in transplanting real right action and non-reason theory, and then pointed out, from the judge of theory, there are some factors of real right action in our exiting civil legislation and the biggest obstacle for transplanting the Theory lies in the matter of cognition. The scholar believe firmly that civil legislation of our country should adopt real right action theory and its system step by step.