The Negation Of Juristal Act Of Real Right Theory

Since the juristal act of real right theory founded by Savigny came into the world,it had aroused a violent controversy. This paper reviewed the juristal act of real righttheory by logical analysis method, and extended the negative attitude towardsnon-benefit analysis method. First of all, this paper, starting from the rights theory,rearranges the relationship between the concepts of the real right and the creditor’s rightand demonstrates the general character, the non-essential difference and essentialdifference between the real right and the creditor’s right. Then this paper expounds theact theory. By using the concept of exercise right act as entry point, it makes new furtherclassifications for human act. It describes basic mode for human exchange ofproductivity which was based on the act and rights chain. After the completion oftheoretical foil, this paper takes several related theory as an entrance to negate the civillegal act attribute for the juristal act of real right. By using reductio ad absurdum, ittotally negates the explanation for all the circumstances of change of the real right.Finally, it makes new explanation for the change of the real right, as the key action fornegating the juristal act of real right theory. This article defines the act of changing realright as generalized realakt and makes detailed remedy action and logic argumentationfor all the links of the change of the real right under all circumstances. As a result, itreplaces the juristal act of real right theory. Essentially, the juristal act of real righttheory is the cognition for awareness which is the root of theoretical error philosophy.