Real estate refers to land, buildings and other land attachments; Chattel refers to something other than real estate.
The formulation of property law is of great significance for clarifying the ownership of things, giving full play to the effectiveness of things, maintaining economic order and promoting socialist modernization.
Extended data:
The value of real right:
1, clearly distinguish various legal relationships, and facilitate the accurate application of the law.
The legal relationship of the theory of non-causation of real right act is very clear. Taking sale as an example, it can be divided into three independent legal acts: one is the act of creditor's rights (sales contract); Second, the act of real right transfers the ownership of the subject matter; The third is the real right behavior of transferring the ownership of premium.
2. Protection function of transaction security
Supporters of the theory of real right behavior believe that the most important value or function of the theory of real right behavior lies in protecting the security of transactions.
They pointed out that the meaning of the party as the cause must be separated from the "component" of the ownership transfer, otherwise the new owner will be attached to the original acquirer, and it is difficult to avoid the possibility of losing rights due to the defect of the cause relationship. In this way, the transaction will be hindered.
However, the non-causative composition of real right behavior narrows the scope for traders to find obligees. When trading, people don't need to look beyond the relative person and look for the real obligee indefinitely.
3. The theory of legal relationship is finally perfected, and the civil law system is perfected.
As the most distinctive "landmark building" in German civil law theory, the theory of property right behavior is not only regarded as the most brilliant application result of Pendleton's law or conceptual law, but also pushes the rational thinking method of legal form advocated and good at by German scholars to the extreme, which has a far-reaching impact on the formation of German property law and even the whole German civil law system.
Baidu encyclopedia-real right
Baidu encyclopedia-real right behavior
This case is the first case of unfair competition dispute over voice instruction of intelligent products in China.
Author | Bruce
Edit | Zhao Ling
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