A Study Of The Problem Of Abstract Principle Of The Juristic Acts Of Real Right

Abstract principle of the juristic acts of real right belongs to the juristic acts of realright’s connotation areas in the legal acts system, and it has the function of proofing theindependent existence of juristic acts of real right to some extent. However, due to theconcerns of the Abstract principle likely to protect malicious trader, mainland china didnot give abstract principle development space for application. On the contrary, when theyformulate Real right Law of the People’s Republic of China, they established the principleof differentiating the effect of real right.This paper begins with the question—Why the abstract principle is still applicable inthe German civil law practice? In order to answer this question, it introduces theconcept of abstract principle at first. It clarifies that Independence Principle has closeconnection with Abstract Principle. When and only when we accept the IndependencePrinciple, the Abstract Principle will come true at one day. Secondly, this paper brieflydiscusses the emergence and development of the abstract principle. In order to further theabstract principle’s theoretical explanation and Clarify the view that theory of abstractprinciple’s relative trend reflects the recent trajectory of abstract principle, the secondpaper section interprets the abstract principle through its proposition,academic disputesand theory of abstract principle’s relative trend. Thirdly, this paper introduces the currentlaw status of abstract principle in mainland china. It illustrates the reason that Bona FideAcquisition can substitute abstract principle, so academic of civil law’s mainstreamviewpoint did not accept the theory of abstract principle. And then paper follow this partexpress opinions that mainland civil law do contain some legal terms reflecting abstractprinciple. At last, this paper analyzes the problem to which does not recognize the abstractprinciple may lead, and then holds that Bona Fide Acquisition can not substitute abstractprinciple. Whereby the final paper section propose a solution measure of the typed termsof abstract principle which aims to admit Abstract principle of the juristic acts of realright.