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The historical origin of the theory of real right act
The historical origin of the theory of real right act

Abstract: Through the discussion of ancient Roman jurists, this paper discusses the historical origin of the theory of real right act. Delivery? From the analysis of legal words, we can see that we have a vague ideological understanding of the theory of real right act in ancient Roman law. Savigny, the founder of modern theory of juristic act of real right, passed the book Right? Delivery? Medium? Just because? This analysis has completed the refinement of the theory of real right act and constructed the theoretical system of real right act.

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Paper Keywords: real right behavior; Delivery; Justifiable reasons; Independence; dimensionless

First, the Roman law ownership way analysis

In Roman law, the acquisition of ownership can be divided into two categories: original acquisition and transmission acquisition, and the exploration of the theory of real right behavior mainly focuses on the analysis of transmission acquisition. In Roman law, there are three main ways to obtain ownership: mancipatio (also transliterated as manxipaichu) and waiver (also called? Court cession? ) and delivery(traditi can be translated again? Transfer? The first two are the main ways to obtain ownership in civil law, and delivery is the main way to obtain ownership in civil law.

(a) A brief analysis of basic operations and proposed exemptions.

First, let's look at the important business. Igus introduced it in the section 119 of the legal ladder. The essential business is virtual business; This is a law peculiar to Roman citizens; According to the following procedure: not less than five adult Roman citizens as witnesses, another person with the same status holds a bronze scale, and this person is called the company scale. The buyer said with a piece of copper in his hand. I said that this man is mine according to Roman law, and I bought him with this copper and this copper scale. ? Then he tapped the scale with copper and handed the copper block to the seller as if it were a price. ? The object of buying and selling is limited to family and specific property, that is, essential things.