The Research Of The Pattern Of Property Change Of The Civil Code Of The Republic Of China

In the modern society and many countries'civil law, the type of property change which based on contract is the most common and important. The pattern of property change is the style that a country's civil law controls the type of property change which based on contract. Meaning doctrine and formalism is the basic type in the Civil Law countries. The result of property change is based on the parties'intention in the meaning doctrine, and the spirit of the liberal capitalism is reflected in this pattern. During the effect of the socialization of law expanded, the value of formalism which was produced for protecting the third'interest and transaction security was appearing. The publicity which was accomplished the effect element in the formalism. "The Civil Code of the Republic of China" which take the most advanced jurisprudence transplanted "The Civil Code of the Germany" which was considered the most advanced civil law. I don't think the advantage of formalism that protected the transaction security was noticed by Nanjing national government. The function of registration that controls the transactions of the immovable property was concerned by Nanjing national government. Of course, the origin of the theory of property act also wasn't noticed by Nanjing national government. Because the lack of the basis, and the far lead of this law. So, the effect of this law was very poor at that time. We must consider the abuse of "The Civil Code of the Republic of China" in formulating the new civil law. I'll think the abuse of this law from three fields.