2005Journal of Dalian Maritime UniversityRequires access

On the legislative patterns of transference of real estate right:Research on the rules concerned in the third draft of the real right law

Jia Qing-gang

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Abstract

The transference of real estate right is the important part of the real right law.There are different patterns of transference of real estate right in different countries.Both the autonomy of the will and the formalism of creditor's right can be found in the draft of the real right law.The author thinks that the adoption of two patterns can raise some problems both in theory and practice. It is also difficult to harmonize with the system of registration of real estate.So the author suggests that the real right law should choose either of them through assessment.

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The transference of real estate right is the important part of the real right law.There are different patterns of transference of real estate right in different countries.Both the autonomy of the will and the formalism of creditor's right can be found in the draft of the real right law.The author thinks that the adoption of two patterns can raise some problems both in theory and practice. It is also difficult to harmonize with the system of registration of real estate.So the author suggests that the real right law should choose either of them through assessment.

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Available abstract

The transference of real estate right is the important part of the real right law.There are different patterns of transference of real estate right in different countries.Both the autonomy of the will and the formalism of creditor's right can be found in the draft of the real right law.The author thinks that the adoption of two patterns can raise some problems both in theory and practice. It is also difficult to harmonize with the system of registration of real estate.So the author suggests that the real right law should choose either of them through assessment.

Key concepts: Creditor, Real estate, Legislature, Autonomy, Law, Law and economics, Business, Political science

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