Re-discussion about the juristic act of right in rem
Yang Qiu-sheng
Abstract
Yang Qiu-sheng
Abstract
Whether the regulation of juristic act of right in rem should be adopted in the compilation of civil code in China is an important problem in modern law circles.Starting with the relationship between the choice of civil code pattern and the regulation of juristic act of right in rem,the author puts forward a point of view in this paper that German legal pattern should be adopted in Chinese civil code and the regulation of juristic act of right in rem should be adopted if German legal pattern was adopted.This is decided by the systematic,logic and scientific character of German civil law.
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Whether the regulation of juristic act of right in rem should be adopted in the compilation of civil code in China is an important problem in modern law circles.Starting with the relationship between the choice of civil code pattern and the regulation of juristic act of right in rem,the author puts forward a point of view in this paper that German legal pattern should be adopted in Chinese civil code and the regulation of juristic act of right in rem should be adopted if German legal pattern was adopted.This is decided by the systematic,logic and scientific character of German civil law.
Key concepts: German, Civil code, Law, Code (set theory), China, German model, Political science, Point (geometry)