Exploration of the Theory on the property line

Abstract: As a legal cause of property changes, called the Real German Law behavior, but behavior theory in the Chinese property had been denied the status of a long period, since the promulgation of China's property Law, the property of a behavior theory a larger space for development. This article from the origin and development of Property Act, the basic content and meaning of the theoretical study of Property Act discusses three aspects of Property Act.

Paper Keywords: meaning of legal claims that acts of Property Act
L0, 2007 the date of May 1, "<PRC Property Law"> into effect. From our perspective the promulgation and implementation of property Law, property rights in the property changes in the normative system specification is extremely important throughout the system components. General , in a variety of legal fact, the legal act is the most important property changes caused by the fact, and in the legal property changes occur because, in the German Law countries, known as the Property Act. As the thing Civil Rights Act Theory has an extremely important development, so the theoretical study of Property Act, China's future legislation will have profound effects on judicial practice. The following three-pronged theory about this behavior:
First, the source of the Theory of Property Act and the concept of Property Act
Daru first appeared in the French masterpiece of law Savigny <<Now Roman system>> in, wrote: "Delivery has all the features of the contract, is a real contract, which generally include delivery of possession of the reality, and in other ways, including the transfer of title to the principal. because the property sale and purchase contract with the completely separate contract, so the contract is often not taken seriously. as in the sale and purchase contracts, in general, people only consider the debt contract, but forgot to transfer ownership property for the purpose of contract. "But in fact, property rights system as early as Roman times behavior already be tracked, for example, Roman law required a party to deliver a transfer of ownership must be intention to complete the delivery, transfer and ownership. The Roman-style trading also stressed the property to be transferred must be taken to a certain way, if the trading in the contract, shall not be conditional, term, or burden. this system l7 century German jurist, written <<Practical Law Compilation>> is also reflected in these systems and concepts are theories on the formation of Savigny Property Act had an important impact, Savigny was also in the study of Roman law system, based on the early creation of a property by summarizing behavior theory, which shook the German Civil law system and the whole Civil law, property rights system and the future development of Civil law systems have had a tremendous impact .19 elaborated Savigny century: to complete the contract for the sale or other transfer of ownership for the purpose of the contract delivery, the performance can not be called a pure act, but should be seen as a contract for the purpose of transfer of ownership of "property rights contract." behavior and the difference between the claims after the Property Act In order to achieve real right behavior and phase separation behavior claims that he should be no further claims for acts of property, and that one of the parties to fulfill contract for the sale and delivery, but the relative people mistakenly believe that the contract to take delivery of the gift but, this defect for property does not affect the validity of the contract, does not rule out transfer of ownership.


Second, the basic content of the Theory of Property Act
Well-known German scholar Savigny that property under contract for the sale transaction, should act by the property claims of two legal acts and acts of constitution, and the effectiveness of Property Act claims act independently of the outside, free from its impact. Trade generally consists of three acts: contract for the sale, the parties of the agreement and registration or delivery of payments. we can see that the transfer of ownership of the subject matter is different from the behavior of sales contracts entered into, that the act should be separated with the creditor behavior. reposted elsewhere free papers download http://www.hi138.com and property rights agreement, and not just exist in the contract of sale being, but in among all the legal acts of the parties. of well-known scholar Professor Wang Zejian in the 'Civil law doctrine and Case Research "> in the general theory of Savigny's Property Act into four basic ideas: first, the delivery is a behavior independent of the claims outside the contract. Second, the delivery of the meaning of that has its independent meaning, its nature is different from the behavior of parties in the cause of the intention. Third, the change means that property must have public notice of the formal requirements. Fourth, the property caused by acts of the effect of property changes, not because of contract claims Invalid or revocation ineffective. from Savigny's theory, the German civil law theory of property rights system to develop a series of principles, a property important part of the behavior theory. These principles include the separation principle, the principles and form of abstract Marxist principles. separation principle is the subject matter will be transferred for the purpose of completion of delivery obligations of the property changes with the separation of the various acts, as are the two legal actions, independently of each other independent of, the reason that the former acts The property that the behavior of the latter. abstract principle is to cause behavior that can not be in effect to the factors that affect the Property Act, the results do not affect the occurrence or the effect of Property Act, that things exist independently of the performance effect of the debt relationship beyond the effect has been abstracted. The principle of the form of property change mainly refers to the principle of Essentials Doctrine. publicity and effectiveness of changes in property rights play a decisive role, without publicity, then the property of the establishment, modification, cancellation, etc. a series of changes also declared null and void.

Third, the significance of behavior theory of property rights
German scholars under the aegis of the value of property act theory can be summarized as the following three points: first, the meaning of the parties for the reason that occurs when the property changes to determine the meaning of the party's property rights in the property changes in the independent role. S Second, the property must be independent of the meaning of that form must be confirmed, there will be some material for production. The third property under the meaning of some form of confirmation on the matter domination to determine the right and order. Property Act the main contribution to the theory five points: first, meaning that the discovery of the independent property rights, legal theory makes more mature, and gradually consolidate and perfect. Second, the Property Act and the separation of claims act, to the Real Property Law provides a solid theory of change basis. Third, the principle of publicity property act theory reveals the real right of expression. Fourth, the role of material for production use of publicity to protect a bona fide third parties to maintain the safety of transactions. Fifth, the claims Jean and behavior disposition System also had a significant impact. we can see that Savigny's Theory of Property Act and its far-reaching influence had become the theoretical basis of German legislation, known as the theory more "German law features", which shows the weight of the weight. in the German Civil Code, the Code can be seen in the figure of the theory. And then, following the theory by the German law for the countries and regions, the traditional formulation of the Civil Code and Research, will also have an important impact. Therefore, behavioral theory of property rights, the future development of China's Civil Code will have enlightening. Links http://www.hi138.com Research Papers Download