The Objective Existence of Juristic Act of Real Right:Taking the Fifth Piece of the "Property Law" as an Example

The implementation of the property law recognizes the discrimination rule in real right alternation,while fails to adopt the theory of juristic act of real right.The agreement of debt pays parties specific obligations,and the agreement of real right makes an effect of real right alternation.When constructing the entire system of civil law,people should rely on the judgment,affirmation and use of the juristic act of real right.It is an option for lawmakers to adopt the theory system of juristic act of real right or not,while this does not preclude that juristic act of real right is logically existence.