Discussion on the Antinomy Principle of Real Right From the Perspective of the Absolute Nature of Real Right and Good Faith Acquisition

DOI

10.2991/emle-15.2015.80How to use a DOI?

Keywords

the absolute nature of real right; good faith acquisition; the principle of public announcement and public trust

Abstract

The concept of real right is characterized by its absolute nature, which is also the general characteristic of the real right law as an institutional system. The absolute nature of real right has no traditional gene of Rome law, and is profoundly influenced by Kant’s science of right in the concept of law. The real right conceived by Kant has influenced the concept of real right law, which always put the real right into the frame of legal relation. In traditional civil law system, the absolute nature of real right is one of its fundamental characteristics. However, for the overall transaction security and efficiency considerations, it establishes a good faith acquisition system with the protection of third party. How to solve the antinomy of the two is the focus of the problem.

Copyright

© 2016, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiang Gu
PY  - 2015/11
DA  - 2015/11
TI  - Discussion on the Antinomy Principle of Real Right From the Perspective of the Absolute Nature of Real Right and Good Faith Acquisition
BT  - Proceedings of the 2015 International Conference on Economics, Management, Law and Education
PB  - Atlantis Press
SP  - 352
EP  - 354
SN  - 2352-5398
UR  - https://doi.org/10.2991/emle-15.2015.80
DO  - 10.2991/emle-15.2015.80
ID  - Gu2015/11
ER  -