about the real right behaviour trade-offs（关于物权行为的权衡）.docVIP

About The Real Right Behaviour trade-offs [Keywords] 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 burden 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 independence 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 separation of the behavior of real right and creditor behavior, logic does not inevitably lead to taking property rights without Cause. behavior specification model may adopt property rights without due or due to the behavior of real right “Therefore, we first discuss the behavior of thing without sexual, 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, 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 detrimental 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 substitutabi