Absolute Real Right Act Theory and Research on Real Right Legal System

Author: Yu Haiyong
Publisher:
Publish Date: 2006-11-01
Features: The debate over the theory of real right acts has been ongoing for a long time, but it has yet to break free from the stereotype that "scholars who studied in Germany tend to support it, while those who studied in the UK, the US, and Japan tend to oppose it." Analysis shows that Savigny recognized the difference between relative rights and absolute rights, which is the shining point of the theory of real right acts, but the concept of "real right act" is a product of logical error. The author believes that the legal community generally acknowledges absolute rights and absolute legal relations, but no one recognizes absolute legal acts, and this theoretical blind spot is precisely the crux of the theory of real right acts. The author boldly proposes the concept of absolute legal acts and constructs a theoretical framework for the mode of change of real rights based on absolute legal acts. Additionally, this book also studies various general topics of real rights, such as priority rights, statutory mortgages, real rights in movable property, seizure registration, trust property rights, maritime rights, unauthorized disposition, and the balance of interests in the doctrine of registration against third parties.