Theoretical Research on Real Right Acts (Chinese Law and German Law)

Author: Tian Shiying
Publisher:
Publish Date: 2002-12-01
Features: This book takes the theory of property rights acts as its research subject, systematically comparing the issues of ownership transfer in German and Chinese law. The book consists of eight chapters. Chapter 1 analyzes the concept of property rights acts. Chapter 2 analyzes the origins of the theory of property rights acts. Chapters 3 to 7 analyze the constitutive requirements of property rights acts, among which, Chapter 3 provides a general analysis of the constitutive issues of property rights acts, Chapter 4 analyzes the issue of intention in property rights acts, Chapter 5 analyzes the issue of publicity in property rights acts, Chapter 6 analyzes the issue of disposition power, and Chapter 7 analyzes the issue of causation. Chapter 8 analyzes China's adoption of the theory of property rights acts. A property rights act is a legal act that gives rise to legal effects in property law. The superordinate concept of a property rights act is a legal act, and the differentia between the concept of a property rights act and the concept of a legal act is the legal effects in property law. A property rights act is the result of classifying legal acts according to legal departments, and the concept of a property rights act is derived from the concept of a legal act. The theory of property rights acts developed from the doctrines concerning Roman law formal sales, simulated suits, and delivery systems. In the study of the delivery system, pre-Savignian views often did not clearly distinguish the elements of intention in the transfer of ownership through delivery. Savigny separated the (property rights intention) from this, forming his theory of property rights contracts (J). Savigny's views influenced subsequent German doctrines and the 《German Civil Code》. The constitutive requirements of a property rights act are the application of the constitutive requirements of a legal act to property rights acts, which can be divided into constitutive requirements and effective requirements. The constitutive requirements of a property rights act are the (property rights intention) or consensus and publicity. Disposition power is one of the effective requirements of a property rights act. If a property rights act is abstract, causation does not affect its legal effect. The (property rights intention) is an intention that gives rise to legal effects in property law. A property rights contract requires the (property rights intention) of both parties to be consistent; a unilateral property rights act only requires the (property rights intention) of one party. The (property rights intention) or consensus itself does not constitute a property rights act. The (property rights intention) or consensus must be valid for it to take effect, and the actor must have the corresponding capacity. Property (clauses attached to property rights acts) affects the legal effect of a property rights act. Property needs publicity, and property rights acts also need publicity. Without publicity, a property rights act is not established. The publicity method for movable property rights acts is delivery, and the publicity method for immovable property rights acts is registration. Disposition is a legal effect that directly acts on existing rights. The legal act that gives rise to the disposition effect is a disposition act. A disposition act is a unilateral act from the perspective of the dispositor. A disposition act takes effect only if the dispositor has the right to dispose. Unauthorized disposition affects the legal effect of the disposition act. The good faith of the acquirer is a substitute requirement for the dispositor's right to dispose. Good faith acquisition is a legal fact that gives rise to legal effects in property law, determined by the parties' intention, and belongs to the category of property rights acts.