In regard to the interpretation of the origin of thoughts kind, "of the origin of" Xin said obtained from sources in the Germanic "hand in hand" lack of evidence, the two track system is operating mechanism of difference, they separated in soil in different judicial system development. Good relationship and aging of Rome law and all kind of down closer to some, it can gradually generated in the civil law system on the target itself; the rules that affect the results into the target, get the good judgment directly understand the policy objective, the apparent lack of this kind of thoughts according to, get the lack of legitimacy on the private business to explain, "murder all right" on the grounds of peace, it is difficult to make people admire; "based on" station within the civil law system, is put forward, "said aging power said," like "," judicial empowerment "said the occupation efficiency" the theory of Chinese power, said there may be third answers as people get the legitimacy of achievement. Kindly get the method there are three basic levels: third people have reason to think that his right to have the right of punishment letter, and this kind of trust because there is sufficient judicial basic law should be directly obtained good cover, judicial basic and practical according to the demonstrative principle of real right; public trust principle is not right law system more isolated, non policy bias, the direct origin is the basic principle of the civil law as the principle of honesty and credibility, abide by the third act as the integrity of the objective request, is to have the right to request the deserved "preferential treatment", with all the main form of punishment against the whims of illusion, objective Ya integrity, to provide "power list any offence". The foreign minister and a variety of power outside the indecent invention said together, so that the third party trust legitimacy and all cause action (and action) connected with consistent, based on the honest credit principle objective, objective two aspects of content, you can from both sides fully explain the good heart to obtain the legal basic; and good for folk law the principle of honesty and all the private law the basic idea - the idea of justice is the inevitable conclusion is between people basic legal relationship, trust and the principle of self restraint performance is personality respect and power request for any offence. All off right, not a sacrifice, but it should bear the obligations, the right, not because of compassion, but his inherent power dictates, after all, these principles and not to sacrifice justice as the value in exchange for effectiveness and safety ", on the contrary. It showed a real justice. In view of the origin, kindly get on naturally loaded with a conflict of the real phase, the generation mechanism of complex property: first, relative or exclusive nature, beyond the ego and make the real estate on both sides of the scale, have a true hidden conflict with the origin; secondly, the essence of the real situation of two exclusive concept and the intrinsic characteristics at the same time, the separation of lead "occupation is different from the real right" and "the right place is occupied two place" denied that lead to each other, and all third people one kind, get in touch is true worth, and the concept of conflict originates from the inherent nature; thirdly, to occupy as publicity movable property is the crux of identity obtained: good publicity is not enough, the occupation is not sure, the lack of publicity of the wrist is in "WP=5" indecent industry In the process of change, the evolution and the formation of the meaning of the occupation. Occupy multiple identities make the meaning of judicial equivocality, the differences in efficacy of mutual interference, occupy the credibility and power presumption effect greatly weakened, the movable property of no valuable trust publicity outside the indecent, kindly get is filled by the occupying public confidence in the efficacy of lack, but they can not create better publicity skills when the equity method. The kind of contact point of the new and old industrial power, is a fossil in the process of industrial development. On the practical circles on the "real right change legislation choice" comments debate, theorists have obtained good credibility, no criterion, proposed to replace each other due to various practical ideas, this thought, kindly obtained only for real estate should be on the scale, it and the German Civil Code of 892 public real estate the registration efficiency is not the same presumption system, judicial action and reality belong to, their efficacy is similar, different mechanisms, the future cannot substitute for good, as the concept of public trust principle and detailed rules cannot be as good for each other in the heart; differences in the concept framework, kindly get real action and no actual relationship because even formalism, a shift in the relationship, get in good situation under the doctrine only for unauthorized punishment, if you get good Expansion to know, the reality is that after the negative trust extensively illustrated it and the doctrine of autonomy, against Marxism docking, exaggerated good idea is to resist the action of real right and due to the actual, but it would be more trouble, to due to the actual cover the lack of efficacy of criticizing reality is a kind of misunderstanding, because no actual not the good access to replace, though well intentioned obtained in actual industry in our country has become the cover of the three benefits of protecting the market business order of the leading real, but its practical effect 目录: |
