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Theory of Property Act on the current

Abstract: The Real Rights in the nineteenth century the date of birth has been controversial, or certainly that they have a high degree of theoretical abstraction or put it as the However, in the civil law system because of its special status, scholars have been interested in their studies have a high, and even started his civil law to explore the depth of those who are interested. I will attempt to explore the property rights theory and real life behavior of the link and its existence. [Keyword] property Behavior conduct independent claims without cause Abstract: acts of property in the nineteenth century, the birth date has been controversial, or certainly its high degree of theoretical or abstract as a to explore the property rights theory and behavior of real life and there is need for contact. [Key words] acts of property claims as a result of acts of the independence of non -
[Body] German history, law school representatives, German jurist Savigny basis of Roman law in the study's first mention of the basis, because of its independence and non-German civil law has become the most important theory. China is a civil law country, China's deeply influenced by German civil law in 1996, Mr. Sun Xianzhong in his Property Act and the Civil Code should be taken on the attitude have made a profound interpretation. Confirmed the theory of Property Act, I deeply agree.
1989 年 Mr Liang in the It is independent, its existence has without cause.
The theory of Property Act Property Act originated from the concept was first used by German scholar Savigny in his 1840 book He believes that . , is a real contract, on the one hand, including possession of real delivery, including the transfer of ownership of his area of intent. The property lease is often overlooked, such as sale and purchase contracts, most people think only of contract claims, but they forget the Tradition of the contract also contains a complete separation of the sale, transfer of ownership of the property for the purpose of contract. Savigny abstract summarizes the theory of Property Act, also known as Property Act is the cornerstone of the theory, It contains about the transfer of ownership of both parties said the agreement means, and means for the transfer of property registration, and other acts of possession or transfer, as demonstrated by the distinct purpose, which have all the constituent elements of the contract; property behavior is different from the meaning of that debt to the principal. The delivery of its agreement, only to have property changes, transfer of ownership occurs, reflecting the property shall control and dispose of property rights and the exercise of the will; property changes, must be the possession or transfer of property registration and other methods of publicity ; Property Act to pursue the legal effect of changes in property rights, the legal effect of creditor claims behavior changes. Behavior independent of the behavior of property claims. According to their vision, we can generally process is divided into three sale and purchase of legal acts: (a) is a debt contract for the sale, which claims act, which allows the seller the obligation to take delivery of the underlying trading price and the buyer assumes the obligation to deliver In the first phase of trading, the two sides party to pay the price of gold, while the other agreement delivered ownership of the object, which sets a claim. Its basic characteristic is caused by changes in debt, resulting in a series of debt claims on the right. (B) complete the transfer of ownership of the behavior of the parties to reach agreement and for the registration of real estate or personal property delivered in the second stage, the subject matter of the parties to reach a consensual transfer of ownership. The purpose of the act so that the loss of ownership of the property's original owners, the creditors ownership. This is different from the behavior of the previous stage, the former is the formation of buying and selling agreement, meaning that the content is the establishment of claims and liabilities, although related to property changes, but only two remain in a Therefore, the party entitled to claim only, the other only the assumption of debt, creditors, although the acquisition of the ownership of the strong desire, but ultimately not the owner; debtor Although the subject matter that the transfer of ownership in the hands of a relative determination, but No loss of ownership. Desire and determination to make these a reality, the arrival of the second stage requires that the complete transfer of ownership of the object. The seller, he made a transfer of title to the buyer's behavior, that is, the right to dispose of its own. Of creditors, meaning he plays in all movable property, or to apply for registration in possession of real property, in order to achieve transfer of ownership of the object. Without this act, the debtor does not lose ownership, creditors can not get ownership. Therefore, the behavior of the second phase to produce an effect of the property ownership changes behavior. (C) pay the price for the buyer to the seller. And acts as transfer of ownership, only the price of gold in different subject matter and its delivery can be completed just as chattel, not registered. By analyzing the behavior is clearly visible behind the two entered into a contract for the sale is different from the At the same time reflect the three key principles; First, the independence of Property Act. Because he thinks delivery is an independent contract, which is independent of the debt contract, It was not a sale and purchase agreement that the reasons for the same legal relationship. Second, property rights theory of behavior without cause. Delivery must reflect the intention of the parties separate, meaning that the independent behavior has nothing to do with the reason. Third, the delivery must be based on the transfer of ownership for the purpose of implementation of Property Act to establish, change or destroy property relations.
Definition of Property Act behavior for the property, in our opinion, there are two Taiwanese scholars. One is elements. Another that property rights agreement and delivery, registration of. According to Sun Xianzhong introduced in Germany is now the majority of scholars believe that the act refers only to property desired property, and this view for the current academic mainstream in China, so I adopted this view, that the Property Act to property rights may lose changes to the content, is the right person to dispose of their rights, as a disposition. Property Act and the corresponding burden of debt claims act is promised for the content of the legal act,Abercrombie,Of Economic Law and Civil Law , Commer, does not directly dispose of their civil rights,Abercrombie, said the burden of behavior. Disposition and behavior directly reflects the burden of these two types of legal acts of the different characteristics. Property Act is in the content, force and effect conditions are different from the behavior of the legal action claims. (1) in the content, claims between the parties set the behavior to credit and debt for the content. Property Act is set directly to the property, changes to the content. (2) For the effect, the Paragraph 2 also clearly pointed out: subject matter not directly place the legal effect of transfer of ownership. The effectiveness of Property Act is based on conditions of delivery or have registered as a transfer of ownership of the subject matter or his property legal effect. Therefore, behavior can not directly claim the legal effect of property changes, property changes to be achieved through the Property Act. (3) from the conditions of validity, due to the same as the legal acts, acts of Property Act and the creditor must comply with the conditions of legal acts, that the actor has a corresponding capacity for civil conduct, meaning that the real, is legal. But the act also requires the property with the grantor and the subject matter of a disposition to the condition, having no right of action for the behavior of people, not the rights holder prior consent or ex post facto, or after-acquired right to dispose of the perpetrator in , act is invalid. It claims the burden of behavior is not punishment to acts that promise to pay obligations, as long as the party's promise not against the law and public order and good morals, the law should not deny it. So claims does not act in such a request. In real economic life, many at the time of conclusion of the contract has not yet given its subject matter, did not even exist, such as the trading futures market, are often not real transactions, not to mention the seller as to whether a disposition of the problem, but the effectiveness of these contracts is beyond doubt. Even if the matter is the subject of a particular contract, the contract seller of the subject matter when no powers, so in theory should not affect the validity of the contract, if the arrival time in the performance of the seller can not obtain the sanction of the subject matter rights can only allowed to assume responsibility for breach of contract and not to declare the contract null and void. This feature of debt contracts, in line with market economy, give full play to invigorate the circulation, active economy. Property Act as long as we adhere to the grantor must make a disposition with which the subject matter, can maintain good circulation order.
Property Act independence and non-sexual (a) the independence of the independence of Property Act, referring to claims in the property behavior and the relationship between behavior, the right behavior is not dependent on the latter exist independently. Behavior with respect to claims, property acts show its independent character. Contract claims can only give the parties the burden of debt claims and enjoy each other, rather than the effect of transfer of ownership occurs. Acts only through the property, can lead to transfer of ownership. For trading, for example, agreement between the parties concluded a contract for the sale of the debt contract action or claim. It can only be delivered to the subject matter of the parties the burden of payment obligations and payment of price. If you want to place the subject matter and the price of gold ownership transfer, the parties must reach a migration agreement, but also in the registration or delivery of behavior. The independence of Property Act is the basic characteristics of Property Act. Claims in the ordinary acts of buying and selling real estate and property boundaries of behavior is not clear, it needs stand out, and the sale of housing as an example to it. Trading in the housing, the first reached by the parties agreement on the sale of housing, and then to sign a formal contract of real estate transactions, and then jointly by both parties fill out the Should permit the seller to the exchange of property rights. Exchange the contents of the contract to conduct internal audit and outside the house search, the investigation shall comply with legal requirements were that the approval of the parties in the payment of various taxes and fees, by the buyer to apply for transfer of property rights registration. Registration organ registration, housing sales before it was completed. Through the sale of housing with the analysis procedure can be clearly seen that the sales contract between the parties are claims acts, a joint application for approval of the act of buying and selling homes belonged to Property Act. Because the parties in the application form is not merely expressed by shifting the burden of debt obligations of property rights agreement, but the actual transfer of property rights in the property dispute. Approval authority for approval, it is also desirable rather than the property claims. Can be said that the housing sale to go through our three programs: credit agreement, property agreement and registration. These three programs are not only used in China's current trade practice, but in theory it is reasonable, and necessary. A thing in dealing with real estate selling more controversy, the independence of Property Act demonstrated its unique characteristics, based on a number of claims on property are valid and effective only one property, namely, through the legal procedures for registration, it is not attached to the claim, an independent existence, and has exclusive and absolute features. The independence of Property Act laid the foundation for non-sexual. If the Property Act to be absorbed or inclusive claims act, it loses its independent existence of the conditions, combined to form one. No theory of course, due to the loss of the premise. Therefore, the independence of Real Property Act act of great significance (b) without cause Savigny that: Property Act should act as their reason for separation of claims, the reasons for behavior out of the Real Rights. Real Rights is the way that claims about the behavior and acts of property exist, the Property Act claims against the validity of behavior. For example: a contract for the sale of objects to perform the delivery of one party, the other party is a gift that is obtained,Abercrombie, the parties of the error can not deny the property they concluded the validity of contracts, resulting in the transfer of ownership. That is, But that does not mean the acquisition of property relations in because even after losing possession of the property, the people can be provided according to request the return of unjust enrichment. Mr. Xie Zaiquan that Department of Behavior Without a Cause, a non-sexual. the time of the adoption of Property Act should not be neglected. At present, China recognized the independence of the existing civil law there is no doubt due to sexual and disapproval. These views focus on the protection of the interests of the people, not because of security can not protect the transaction.
Theory of Property Act Although some mainstream theory of birth Right after the school property, was accepted by many civil law countries, and through the test of time. But in academia, scholars have still contending, different opinions. To sum up, no more than three claims: (a) deny that this doctrine that acts of unwarranted property. Some scholars believe that this theory of contact with the Property Act, his best abstraction of sensationalism. They believe that with the development of social life and the evolution of legal culture, the past does not necessarily meet the real needs rules, the rules of history can not be copied in real life, it is to type from the sale of Roman law in the abstract, yet simple commodity economy has undergone rapid development, and developed to a modern market economy. The rules from the Roman law of property act abstract theory to reality movable or immovable property transactions, which itself is questionable. Property Act and the simple theory of the life force from the legal transfer of property is divided into three separate acts, which claims the contract, transfer of ownership of the object's Property Act and the transfer of ownership of the property price of gold behavior, contrary to common sense of life. Is the By Real Rights in the Theory of serious harm to the interests of the seller, contrary to fairness and justice in trading activities. No one from the result of human error is completely effective delivery, after delivery in the subject matter, if found not to set up contract for the sale or invalid, revoked, because the subject matter of ownership has been transferred, the seller can not enjoy the property according to ownership protection, and can only request the return of unjust enrichment, when the person in possession when the bankruptcy or enforcement, of all interests will be seriously harmed. (B) of the compromise, said that the property its behavior and not by theory, should not be adopted. Swiss legislation that advocates like to recognize property rights act,MBT scarpe vendita, but does not recognize without cause. Some scholars pointed out that the behavior of the Swiss legislation on property rights point of view adopted by the eclecticism, biased defect. The previous stage for the relationship between debt claims arising from acts occurring stage. This period, debt, credit and debt are subject to legal constraints, in order to stabilize trade relations; a later stage for the Real Property caused by changes in phase behavior. Marked by acts of completion of delivery or registration, resulting in the consequences of changes in property rights. (C) affirm that the Some scholars believe that the behavior is not only the existence of property, not because of its independence and is also necessary. If Sun Xianzhong in his , security, fairness theory of superiority, it should be said that better meet the market economy in China China's Property Law and other relevant legislative requirements. on the basis of positive experience to develop China's Property Law, These three theories, reflecting the presence of the main differences between the academic present. Although the uncompromising, but are made more real right act theory depth analysis. The second idea of compromise, seems to recognize the Property Act, Real Property Act for the denial. Property Act are formed because the theory is certainly the world is that his theory of non-independence due to the establishment and conduct the property completely separate from the claims act, and has the same status,Abercrombie France, with the build legal theory. Recognition of Property Act, but denied without cause theory, is in fact rejected the theory of Property Act. In France, Switzerland, on the property and debt issues, there is the concept of ambiguity, the system is unclear, legal difficulties for the fact that property rights have proved negative for harmful behavior, it is worthless. The first view, I believe that a complete denial Property Act, in the current conditions are inadequate for the reality check.
Act theory of property should be used Property Act is not fiction but real. In movable and immovable property transactions, there are independent means that the property claims of intention, and its external manifestations and the delivery of movable and immovable property registration has become a powerful protection against a third party, while unilateral ownership of abandoned property acts, such as Property Act, also shows the reality of existence. Like all property rights, as the theory of rational behavior is a kind of abstract knowledge, so it can not be perceived at any time, but this can prove that it does not exist as a basis, on the contrary shows that it has a high degree of abstraction is real deal law itself. From the theory is incorporated into the The rapid development of market economy in China today, should be used and draw a bold theory of Property Act, and put it and the combination of our social reality, to develop effective regulation of markets and private living space in the Property Law. I think that the adoption of Views on the Theory of Property Act: