Whether China's Legislation on Proprietary Right Alteration Shall Adopt the Causative Juristic Act of Real Right Mode
Liu Yao-don
Abstract
Liu Yao-don
Abstract
The causative juristic act of real right mode denies the Abstract nature and adopts the causative nature on the premise of recognizing the theory on juristic act of right in rem.It has certain justification and avoids drawbacks that the Abstract nature caused.Nevertheless,causative juristic act of real right which originated from the Germany theory on juristic act of right in rem is also theoretically Abstract to factual behavior such as delivery.What's more,the relationship between the system of acquisition by good will and the principle of public notice and public faith is not of mutual replacement.The former regards the latter as presupposition and basis.
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The causative juristic act of real right mode denies the Abstract nature and adopts the causative nature on the premise of recognizing the theory on juristic act of right in rem.It has certain justification and avoids drawbacks that the Abstract nature caused.Nevertheless,causative juristic act of real right which originated from the Germany theory on juristic act of right in rem is also theoretically Abstract to factual behavior such as delivery.What's more,the relationship between the system of acquisition by good will and the principle of public notice and public faith is not of mutual replacement.The former regards the latter as presupposition and basis.
Key concepts: Premise, Presupposition, Law and economics, Notice, Legislation, Political science, Pledge, Law