The rule of real rights change in China comprehensively grasps and distinguishes between creditor contracts and performance acts,ultimately adopting the formalism of real rights.The rule of real rights change is not a matter of'interpretive choice'.The formalism of real rights adheres to the principle of autonomy of will,serving as both the inevitable outcome of the separation of real rights and debts and the necessary rule for non-instantaneous transactions,as well as a mandatory requirement for registration review.Currently,both in legislation and in the judiciary,China has firmly established the formalism of real rights.Many reasons supporting the formalism of debt rights can not stand,and rules such as ownership retention should be explained through the theory of real rights acts.It is necessary to coordinate the relationship between the formalism of real rights and the system of invalid legal acts,as well as the system of acquiring rights in good faith,to jointly maintain the balance of interests and ensure transaction security.
real rights actsprinciple of distinctionabstract principleformalism of real rights
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