Research On The Rules Of Real Right Alteration By Legal Documents

The reasons and methods of changes in real rights are important systems in real right law,and the strong effect of real rights also requires the law to make clear and prudent provisions on the method of changing real rights.Civil law systems generally divide the reasons for the change of real rights into two categories,changes in real rights based on legal acts and changes in real rights not based on legal acts,and changes in real rights that are not based on legal acts can be changed without publicity.China’s civil law is deeply influenced by the doctrine and legislation of the civil law system,and this classification method has also been adopted in theory and legislation.Among the reasons for the change of real rights that are not based on legal acts,there are inheritance or bequests,factual acts,court judgments,etc.that are generally recognized in most countries,and China’s legislation also regards the legal documents made by the people’s courts and arbitration institutions as one of the reasons for the change of real rights,which is stipulated in article 28 of the Real Right Law,and the content of this article has been inherited in article 229 of the Civil Code of China.However,the concept of "legal instruments" is too vague,and the law does not clearly stipulate the conceptual connotation,extension and standards of legal instruments that can carry out real rights.Scholars discussed the basis for the effectiveness of legal instruments on real rights and proposed that legal instruments capable of changing real rights should be limited to the formation of judgments.However,the connotation of the term "legal instrument" used in China’s legislation is more extensive than that of extraterritorial "judgment",and the subject of the instrument includes the arbitration institution,so the discussion of this issue can not only be excavated to the extent that it is limited to the degree of interpretation as a judgment,but should be excavated on the basis and legitimacy of the effectiveness and legitimacy of different types of legal instruments that can change real rights,and then analyze a more unified judgment standard.In this way,it is judged and sorted out what kind of legal instrument can have the effect of changing real rights.On the basis of the existing research results in the academic community,this paper clarifies the judgment criteria of legal instruments that can change real rights through the analysis of the basis and essence of the effectiveness of the formation force and the difference between the effects of different legal instruments,and puts forward corresponding suggestions for improvement.The specific arrangements are as follows:The content of the first chapter mainly introduces the meaning and basis of the rules of changing real rights in legal documents,which is divided into two aspects:firstly,it introduces the basic meaning of the rules of changing real rights in legal documents and the basis of empirical law,explains the current situation of China’s conceptual definition of real rights in legal documents,sorts out relevant legal provisions.Secondly,from the aspect of legal theory,the existing theoretical support and theoretical controversies of the effectiveness of legal documents on real rights are introduced.It initially shows that on the one hand,China recognizes the effectiveness of legal instruments on changing real rights,and on the other hand,there is still a large room for improvement in the provisions,theoretical research,and use and definition of concepts in legislation.The second chapter mainly shows the problems existing in the right to change real rights in China’s legal documents through the search and analysis of judgment documents,and analyzes the causes of problems and their existence,so as to pave the way for the research focus of the following article.Chapter III analyzes and discusses the basis for the legitimacy of the validity of real rights in legal instruments.On the basis of the existing research,it is mainly through in-depth analysis of the elements and characteristics of the formation force of adjudication,and at the same time the characteristics and differences between different types of legal documents,and then a typological analysis of whether different types of legal documents should have the effect of real rights.Chapter IV is based on the conclusions of Chapter III,which analyzes and argues whether a number of common and controversial specific types of judgments can be changed real rights.Chapter V puts forward corresponding views and suggestions on the improvement of the rules changing real right in legal instruments.In terms of content,it also unfolds from the two levels of theoretical standards and legislative provisions,and puts forward own views and suggestions on what legal instruments should be given the effect of the right to change real right and the relevant supporting systems.