Analysis Of The True Property Righ In China

Our country adopts the mode of property right change of creditor's rights formalism.The change of property right requires the reason behavior of creditor's rights and the publicity of property right.The publicity of property right mainly includes the registration of real estate and the possession and delivery of movable property.The publicity of real right has the effect of presumption of real right.Because some real rights do not meet the publicity principle of real right,the real right law does not include the scope of protection,but it is necessary to protect these rights The theory of real right in fact is put forward to protect the real right which is not in accordance with the principle of real right publicity.But at the beginning of this theory,there are many controversies.This paper attempts to make a new explanation for the real right of fact.The first part makes an analysis of the concept of the real right,which is a group of concepts opposite to the legal real right.This concept is mainly to protect the rights that do not conform to the appearance standard of the normative real right but conform to the fact standardIn this part,the author also makes a basic comb on the development of the theory of the real right.This paper studies the concept of fact and the emergence and development of the real right of fact.The theory of real right in fact is closely related to the choice of the mode of real right change in China.The reason why this paper still adopts the formulation of the real right of fact is that this concept has obtained a relatively high degree of recognition in the academic and practical circles.Therefore,the research of this paper takes the real right of fact as the logical starting pointThe second part mainly discusses the classification of the real right of fact.The legal background when the theory of real right in fact was put forward and the current legal situation have changed a lot.And the real right of fact has been extended to all aspects after gradual development since it was put forward.The real right of fact should be re classified.The third part mainly discusses the nature of the real right of fact.The nature of the real right of fact should be classified and discussed.The fourth part discusses the scope of the real right.The ultimate significance of the study of the real right of fact is not only to define the scope of the right of the real right owner,but also to limit the scope of the right of the real right to the situation where the third party does not exist.The fifth part discusses the specific protection of the real right of fact.In this part,the author studies the problems of the real right of fact in the judicial practice combined with the cases,combs the problems encountered in the judicial practice and puts forward appropriate suggestions.