원문정보
A theory on Juridical Act of Real Rights in Chinese Civil Law
초록
영어
In this paper I describe the main topics of juridical act of real rights in chinese civil law. Since Property Law of the People's Republic of China was promulgated on March 16, 2007 and came into effect from October 1 of the same year, there has been several research on this field, but are still in its early stage and as such,is only a special feature of its legislation process or general survey of its contents. This paper calls attention to the central problems as to so-called juridical act of real rights and real rights transfer system, which are the most important in the general provisions of the real rights part in the civil code.
After a brief introduction, I deal with a broad question: theory of concept of the juristic act of real rights and its principles of independence and abstraction.
To begin with,this theory of concept of the juristic act of real rights and its principle of independence and abstraction,which is derived primarily from Savigny and german civil law, are very controversial question of whether it can be admitted in China. Though its strength and legitimation ground,emphasizing its function of protecting safety of transaction, but the property law will finally not deny this attitude. Still the property law provides the principle of distinction between the result of property rights and its causal acts(articles 15 of the property law). More study, is needed, about its related institution, such as, unjustified enrichment and bona fide acquisition etc.
목차
Ⅱ. 물권행위개념의 기원
Ⅱ. 물권행위이론의 구성
1. 분리원칙
2. 추상원칙
3. 물권행위와 공시방법
4. 중국 법학계의 물권행위 이론에 대한 평가
Ⅳ. 중국에서의 물권행위이론에 대한 논의
1. 물권행위이론의 채용에 대한 논의
2. 물권행위 무인성 이론에 대한 논의
3. 代案으로서의 絶對物權行爲 이론
4. 소결
Ⅴ. 결론
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