The Model Of China's Real Right Change

How to design alteration mode of real rights and how to construct it on Real Rights of our country, these issues not only relates to the design of the relevant real rights systems but also concerned to the relevant issues of the general provisions of General Civil Law and Contract Law. Therefore, the alternation mode of real rights is a major issue in the Real rights and Civil Law legislation of in our country.The construction of the alteration mode of the real rights is a dispute in theory but further it is the selection result of legislative policies of a country. From the view on reason of alternation of real rights, the mode could be classified into the alternation of real rights of lawful conducts and non-lawful conducts, according to the parties' intentions in the alternation of real rights. In the alternation of real rights, one is caused by single party's intention ,another kind is caused by the two parties' intentions, and it refers to creditor contract. And the later one is the major issue in the civil affairs statutory in various countries and regions and it is the core form of the alternation of real rights. If there is no special description, this article will focus on the alternation of real rights of the later one.This article compares and analyzes the alternation mode of real rights of Continental Law Systems and the alternation systems of properties rights of Anglo-American Law System through studying the basic theory of the alternation of real rights and its mode, inspect the issues on provisions of the alternation of real rights in our current laws by putting the theory into the...