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Author: Zhao Jitao
Publisher:
Publish Date: 2006-08-01
Features: This book primarily focuses on German civil law as its object of study, investigating the distinction between obligating acts and disposition acts in German civil law. The research aims to examine the meaning, logical structure, and rationality of the theory of distinguishing obligating acts from disposition acts. The main research methods adopted in this book are conceptual legal scholarship, historicalism, and functionalism. The book is divided into six chapters. Chapter 1: Introduction. Chapter 2: The Concepts of Obligating Acts and Disposition Acts and the Origin of the Theory of Their Distinction. Chapter 3: The Separation Principle explains that the delivery principle, which is contrary to the agreement principle, is the logical premise of the separation principle; in the German Civil Code, the separation principle forms a logical structure where obligating acts and disposition acts are applicable to different legal domains; the precise concept of the separation principle is that obligating acts and disposition acts are two independent legal acts; its rationality is grounded in factors such as the refinement of intention expressions, the distinction between creditor legal relationships and property legal relationships, and the distinction between creditors and property rights. Chapter 4 and Chapter 5 discuss external abstraction. Chapter 6 discusses internal abstraction. Finally, in the conclusion, the logical structure of the theory of distinction is summarized, along with its value rationality and practical rationality within the German civil law system.