Behavioral Theory of Real Property Savigny-free because of the

Abstract: Savigny's Theory of Property Act was adopted by the German Civil Code, the theory not only has impeccable legal techniques, also has profound legal wisdom. But the national Civil legislation, completely by Property Act Theory Few countries, especially the theory of Property Act is considered to be the core principle of non-sexual. This paper analyzes the positive and negative point of view, combined with the actual situation in China, discusses the theory of property without due can be applied in China .

Paper Keywords: Savigny property acquired in good faith without cause
Run Property German scholar Savigny proposed act theory, and for <"German Civil Code>> adopted. In Germany, the content of the theory are summarized as jurists three principles: the principle of separation, the principle of abstract principles and formalism . And I expressed around the principles of scholars for the independence of these three principles, the principle of non-sexual principles and formalism.

Most supporters believe that the Theory of Property Act claims effectively distinguish the behavior and property behavior, so that more precise legal relationship, and improve the legislation has led to claims of property Law and the distinction between the Law completely, clear the legislative structure, particularly The theory of abstract principles (the principle of non-sexual) to better protect the interests of a third party to maintain safety of transactions. and Property Act Theory has been <"German Civil Code>> adopted, is enough to prove the theory, It is particularly important advantage, according to the principles of abstract legal system established after the election history shows that it has been able to achieve a smooth objective function of the Law. According to the principle of abstract claims to establish the phase separation behavior and property behavior has never been the legal structure the transaction does not create difficulties to the Law.

Opponents criticized the theory of Property Act, mainly for the theory itself and its functions. They deny the real right act theory proposed three arguments: first, the property is purely human behavior theory fiction, not a fact of life : Second, property rights impede fair trade act theory, and the third, property management perish too mysterious behavior, contrary to common sense, or figure the people trading the feelings of the transaction to a transaction into multiple contracts, not only ordinary people can not accept the general jurists difficult to understand. At the same time, they also believe that the theory of the so-called transaction security at the expense of the protection is based on the seller. because the theory of abstract principles (the principle of non-sexual) behavior in the property claims null and void or revoked under the still valid, resulting in the ownership transferred to the buyer, the buyer and the third person at this time if the transfer of the ownership of the malicious collusion, the third to obtain title to the property and sell third person who shall not be entitled to return the original, this will be extremely detrimental to the seller.

Real Rights of Property Act is the creation of German Civil Law concepts of property act and later reaffirmed the independence of the inevitable logical conclusion. Savigny proposed: In order to fulfill the sale and purchase agreement or other transfer of ownership of the deed for the said practice delivery, not a mere fact act, but a transfer of ownership includes the property for the purpose of the contract. He believes that the delivery itself is a real contract, that property contract. The ~ 'contract claims must be pre-existing contractual phase region cut off the feet. in the conduct of claims made a distinction between behavior and property rights, the Savigny further claims must be free because of Property Act, which argues: Even if one thing for a party-line trading vessels contract delivery, the other party is a gift that is obtained, the parties of the error can not deny the contract which they concluded the validity of property rights: can not exclude therefore the transfer of ownership occurs. "one from the wrong Delivery is completely valid. "Thus. Right behavior is non-sexual behavior as a rash of claims by both acts were on the property or the establishment of branches of a tree does not produce legal effects of acts of. In fact, the property rights principle of non-sexual behavior is based on the independence of Property Act prerequisite for understanding. the true meaning of the principle of independence is to guide the principle of convergence of non-oral habits, but not necessarily because of the principle of the independence of the principles are sufficient for the principle of non-sexual, in the claims act is invalid, revoked or discharged circumstances, the Property Act does not only effect their own flaws infants, they will not act because of faulty claims affected their effectiveness. Therefore, the rod acts of physical concepts and the practical significance of the independence of Property Act has been is not due to the realization of the principle, does not recognize the principle of non-sexual, property lost on the act itself to the value of the independent existence and function of the concept of Property Act and therefore unnecessary. reposted elsewhere in the Research Papers Download http://www . hi138.com theoretical core of Property Act as a result of the principle of free, its most important role is considered to be conducive to protecting the safety of transaction security risk because the transaction behavior of the main reasons for the defects from, but not because of the principle that property cause changes in behavior from the impact of defects, thereby cutting off the source of transaction security hazards. but in fact that the protection of security of transactions is based on the serious damage to the interests of the seller, against the trading activities of the public almost the principles of justice and good faith basis for the on. in the sale and purchase transactions, the delivery contract for the sale of the subject matter found after the end of the establishment, invalid or revoked, the property rights principle of non-sexual acts under the premise of Property Act against claims behavior, the buyer still obtain ownership of the subject matter, the seller can only request in accordance with the provisions of the return of unjust enrichment, then the seller becomes the owner of the creditors, can not enjoy the special protection of property rights law, its geographical position is very unfavorable. If the buyer has sold the subject matter, even if belonging to a malicious third person can obtain ownership. seller can not exercise any right of the third person, he can only request the return to the buyer from the resale price of gold: If the buyer has the subject matter of the security interest on the set, because the collateral is superior to claims in effect to the rod, the seller can not request the return of the original, only the request for compensation to the buyer: If the buyer's other creditors as to the subject matter enforcement, the seller can not be challenged according to the complaint: caught in bankruptcy if the buyer, the seller can not exercise ownership ex cut towel from the bankruptcy estate to recover the object, he can join with other creditors, according to the ratio of the amount of debt by settlement, not because the buyer's fault if the subject matter of damage caused by the loss, the buyer may avoid hiding in the form of the five interest, the seller's interests will be seriously damaged. In particular, sufficient in the first case, the matter rights of non-sexual behavior theory is likely to condone malicious collusion with a third party buyer, the common prejudice the interests of the seller, which is obviously contrary to the civil law, fairness and justice and good faith, but also disrupt the trading order, and to encourage suspected of fraudulent transactions, transaction security for the protection of very unfavorable.

Civil Law in China, has established a bona fide acquisition, this system has been designed to protect a transaction security system. Relative to the Theory of Property Act not because of the principle of good faith made the transaction fully into account the protection of the safety of the first kind three and the original owner's interests is a balance between the interests of the arrangements. because not made in good faith through an act of publicity after the transfer of ownership of all transactions are protected, while the third person in this distinction between full transaction process is well or ill, made in good faith to protect, no protection against malicious in order to safeguard the interests of the owner. Thus, good access to the system owner is essentially a balance between the interests and the interests of a bona fide third system, on the one hand to a certain extent, the principle of maintaining absolute right to defend the title against the world, the other is the promotion and protection of trade transaction security convenient, therefore, act in good faith to achieve a system than the property rights theory of the principle of no more because superiority, more in line with civil law principles of fairness and justice and honesty. reposted elsewhere in the Research Papers Download http://www.hi138.com