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1、1About The Real Right Behaviour trade-offsKeywords independence without sexual principle of distinction right disposition and unjust enrichment In the mode of recognition of the theory of the behavior of real right legislation, legal acts can be divided into the behavior of the disposition and burde
2、n disposition Property behavior and the quasi-real right behavior is, disposition and burden behavior only for punishment and burden on people, can only be described as the opposite party to obtain behavior, but both can be called a real right behavior or creditor behavior. Property rights acts inde
3、pendence is the premise and foundation of property rights without Cause, but even the recognition of the independence of the behavior of thing logically can not, of course deduce the behavior of thing no behavior of thing without is a value judgment, and the question of legislative policy to the sep
4、aration of the behavior of real right and creditor behavior, logic does not inevitably lead to taking property rights without Cause. behavior specification 2model may adopt property rights without due or due to the behavior of real right “Therefore, we first discuss the behavior of thing without sex
5、ual, and then explore independence. I. Ownership without due evaluation (A) no sexual advantage Most onerous contracts, property rights assignee usually bear the treatment benefit obligation to pay the price of gold to the transferor (reciprocal contract except), so when the contract does not hold,
6、invalid or revoked both negative return obligations, If you adhere to the party have to pay the price of gold because of the principle advocate claims, while the other side to this side can claim rights in rem restitution, while fulfilling the right of defense can not seem to apply, it seems detrime
7、ntal to the party of the payment of money only to each other. If you adhere to the the behavior of thing Uncausation, fairer to both sides. (B) Uncausation substitutability Bona Fide Acquisition usually refers only to real estate acquired in 3good faith, but the credibility of real estate and movabl
8、e property acquired in good faith to the credibility of the principles are based on property rights, the theoretical basis of both is the same, while in Taiwan, China “Civil Code” Property knitting revised draft will be the credibility of real estate known as the real estate acquired in good faith,
9、and therefore below the movable property acquired in good faith and real estate credibility collectively referred to as the bona fide acquisition. Ownership without sexual supporters believe that the main significance of the system is to protect the security of transactions. Indeed Uncausation can p
10、lay a role to protect the security of transactions in some cases, but the system has been acquired in good faith can play to protect the security of transactions. the role disappeared without sex role to protect the security of transactions Even supporters of the behavior of thing that the German ci
11、vil law legal disposition adopted no principle when, apparently did not notice its system function and good protection overlap . 4No sex supporters, Mr. Su Yongqin that, to protect the security of transactions, there is some bona fide acquisition does not work without due can play a role in the fiel
12、d, we may wish to discuss. Mr. Su Yongqin think, “at least in the following six-point between the two (no sex and goodwill achieved - of note) do not overlap: grantor has not yet achieved real right, but when the appearance of existing rights advocates goodwill C only made not happen to have no caus
13、e. (2) with the grantor let if acquired property rights, but no right to shape of a real right is acquired by Possession Reformulation . (3) the transferee invalid if they are malicious . (4) without the principle of the defects of the acquired property rights is not the basis of behavior, the real
14、right holder may exercise the power of various property rights have a major flaw with the behavior of the foundation for the so . “civil law” as Germany, did not all acts of punishment were given complete protection of goodwill Taiwan, such as the assignment of the claim and the various intellectual
15、 property disposition, be punished person having no right to sanction people do not know and to obtain an effective claims or 5intellectual property rights . (6) chattel the assignees although well-intentioned, but if it is not made based on certain considerations exception . for the first 1:00, acq
16、uired in good faith can make up for the lack of no principle, , 4, 5, and 6 points, without principles apparently can make up for the lack of good faith protection system only the first 3:00, no due reason for the malicious transactions protected counterpart, seems to encourage the unjust enrichment of the debtors full-time suspected and mining there because of the principle of malicious relatively unable to effectively transferee than clearly wron
