On juristic act of real right
Zhang An
Abstract
Zhang An
Abstract
The theory of juristic act of real right has three problems to be solved:(1)The difinition.Tradition and register should be the effective factor of real right act.The tradition and register provided by the law is to interfere and evaluate the effect of real right act,but the found of juristic act belongs to freedom doctrine,tradition and register should be the effective factor of real right act.(2)The nature.Juristic act of real right should be an independent juristic act.The act of real right contains independent and objective willenserklarung.The act of real right can and should apply the successive rules of juristic act.(3)About the juristic fair of unfair.It is suggested that the real right act should be kausale geschafte,so it can conform to the concept of fair and justic.The independence and abstractness of real right act aren't contradication.The function of abstractness of real right act to protect the safety of transaction can be insteaded by demonstrative principle of real right,but demonstrative principle of real right hasn't substantive relation with the abstractness of real right act.
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The theory of juristic act of real right has three problems to be solved:(1)The difinition.Tradition and register should be the effective factor of real right act.The tradition and register provided by the law is to interfere and evaluate the effect of real right act,but the found of juristic act belongs to freedom doctrine,tradition and register should be the effective factor of real right act.(2)The nature.Juristic act of real right should be an independent juristic act.The act of real right contains independent and objective willenserklarung.The act of real right can and should apply the successive rules of juristic act.(3)About the juristic fair of unfair.It is suggested that the real right act should be kausale geschafte,so it can conform to the concept of fair and justic.The independence and abstractness of real right act aren't contradication.The function of abstractness of real right act to protect the safety of transaction can be insteaded by demonstrative principle of real right,but demonstrative principle of real right hasn't substantive relation with the abstractness of real right act.
Key concepts: Demonstrative, Doctrine, Law, Database transaction, Relation (database), Exclusive right, Law and economics, Political science