Abstract：

The theory of juristic act of real rights(das dingliche Rechtsgeschäft) achieves an independent determination of the effectiveness of creditor acts(obligatorische Rechtsgeschäfte) and judicial acts of real right(dingliche Rechtsgeschäfte), constructing a rich combination of distinctions between obligation and real right effects, which is indeed valuable from a historical perspective. Early forms of creditor formalism did face shortcomings in distinguishing between real right and obligation effects. However, since creditor formalism incorporated the independent element of disposal rights and the conditional attachment of part of a legal act, it has been able to perfectly achieve and recognize a bifurcation effect similar to the independence of judicial acts of real right. As for the abstract system of title transfer(das Abstraktionsprinzip bedeutet), it does not significantly contribute to the protection of transaction security. The combination of “a single legal act + acquisition in good faith + abstract principle under special laws” can achieve a more reasonable and comprehensive effect in protecting transaction security. Furthermore, with the development of modern transactions, practical needs have expanded beyond the bifurcation of obligation and real rights. At this point, the design of multiple effects under a single legal act is more suitable for the current needs of China. From the perspective of constructing a unified interpretative framework, the design of multiple effects under a single legal act can accommodate both the publicity effectiveness and registration opposition models of proprietary changes in the Chinese Civil Code. It is conducive to the purification of the publicity function and the maximization of party autonomy, demonstrating significant superiority.

Keyword：

Real Right Changes; Creditor Acts; Judicial Acts of Real Right; Publicity