analysis of the property rights behavior theory and its practical value in germany china and france（物权行为理论的分析及其在德国中国和法国的实用价值）.doc

Analysis of the property rights behavior theory and its practical value in Germany China and France The Basic Law of the Civil Code as a market economy, the Basic Law, as well as confirmation of the rights and remedies of basic legal rights of civil society, and its importance is self-evident., Originated as a civil law, German civil law broad impact worldwide. Italy, Spain, Portugal, Austria and Switzerland, Japan, and of the Republic of China (now the laws of Taiwan belongs to the civil law the scope of China since the late Qing Dynasty restructuring, following by Germany, China and France has more than a hundred years in Germany, China and France many of the concepts and systems of direct reference, so that our country in a short period of time to form a more perfect and able to adapt to the laws of our current economic system. behavior as one of the traditional civil law theory of property rights theory, China legislation have failed to hold reservations about why? Real Right Behaviour in fact the actual life of the people in the end what? Behavioral theory of property rights in civil law (a property rights theory of the origin of the behavior of the behavior of real right began in the German common law during the ordinary Law .19 century, its founder, the representatives of the German scholar of the historical school of law Savigny Savigny the initial theory about the behavior of real right. behavior of thing concept was first proposed by Savigny in 1840 lt;lt; the Modern Roman law system gt;gt; book published in lecturing, but Savigny introduced the behavior of thing concept, has not clearly defined its meaning. lt;lt; drafters of the German Civil Code gt;gt; Although the use of the theory of the behavior of real right, “Property the terms of the contract” and had used in the first draft, but later considered is not precise enough, and then switch to the “Property consensual still divergent views on the concept of property rights, domestic doctrine effect