2003•Hebei faxueRequires access
China's Real Right Should Adopt the Theory on Juristic Act of Real Right——Enclosing the debate of article 51 of the contract law of PRC
Xu Yin
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Abstract
Firstly, this article advances the issue through analyzing a case , and educes the debated idea of article 51 of the Contract Law of PRC existing in academic circles at present. Furthermore, introduces the theory on juristic act of real right. According to understanding and realizing the scholars attitude about the theory on juristic act of real right in China and foreign countries , the author raises that to make China ' s Real Right should adopt the theory on juristic act of real right. The effect of contract of obligation is provided for by the Coutract Law of PRC, and the effect of real right act is provided for by the Law of Real Right. In this way, it will make the two laws in harmony with each other.