On the behavior of mathematical methods to examine the theory of property（行为的数学方法研究的理论属性）.doc

1On the behavior of mathematical methods to examine the theory of property[Abstract] In civil law theory, the existence of each legal situation has five possibilities, according to the theory of Property Act, each of the transactions there is the possibility of a legal act independently to determine the need, therefore, there are various legal status because of their different specific transactions that may occur in complex with the situation, you can arrange with the mathematical analysis. analysis is: the theory of Property Act will result in a much more complex than chess chess game trading dilemma: [Paper Keywords] Property Act mathematical permutations probability of claims act Although the theory of Property Act is exotic, but it is the area of ??civil law property law as well as an important issue in China’s property rights theory of property rights act legislation is adopted, has been a matter of opinion, divergent views of the topic, <> The announcement seems to The controversial draw to an end, because the 2<> Reading between the lines, we can not find the ‘Property Act’ or even ‘legal’ in the shadow, but the problem is far from simple in <> after the announcement , a group of property law textbook blossoming out, and some textbooks even the ‘independence of Property Act and the principle of non-sexual’ as the basic principles of property law. It seems Property Act Theory has been like a ghost lingering in our civil law scholars into the academic mind, lingering. Then, in the <> Property Act does not provide for the case, we have no need to use materials right behavior theory to explain our property system? This paper attempts to use a mathematical approach to objectively resolve the property rights theory of behavior in order to answer this question. First, the theory of Property Act Savigny and founder of Property Act Theory that: perform the delivery contract for the sale is not a simple fact that behavior, but the desirable property that contains the property contract, the contract independent of the contract for the sale of property. For example: 3Zhang grandmother to markets, see the vendors of fresh cucumber Pharaoh, bought one, each one dollar payment to a one-dollar coins in this simple case, Zhang grandmother and vendors Pharaoh first contract for the sale to be concluded. In order to fulfill this contract for the sale, Zhang grandmother put a face value of one dollar coins delivered to Pharaoh, Pharaoh put a cucumber delivered to Zhang grandmother. Property Act Theory that the behavior of the delivery and delivery of cucumber coins behavior, not The mere fact act, but contains the desirable property that the property contract. Thus, according to Property Act Theory, in the trading activities of cucumber, both for the sale, the property also has contracts where contract of sale is the creditor behavior , the property is the Property Act contract. Theory of Property Act, property behavior has two important characteristics: independence and non-sexual. In other words, property rights behavior and conduct completely separate and independent claims in existence, but whether the conduct of the establishment 4of property rights, how does the force of law behavior by the claims, according to Property Act of independence and non-sexual, behavioral theory of property rights claims established between the behavior and property behavior of the separation principle to the sale, for example, contract of sale, that is, the effect of creditor behavior only to place the right to request changes in property rights can not occur, a party can request the other party to perform the contract for the sale, but not in direct property changes. in order to place the property changes, the property also need to have the contract, that is, objects rights violations. Second, the legal acts of the calculation: a neglected topic According to the theory of Property Act, in a sale transaction, both the existence of claims act, there are property rights act, then a sale transaction in the end how much a legal act? This is an often overlooked but worth exploring in depth the issues . Savigny in <> stated: ‘The property deed is often overlooked, such as sale and purchase agreement, most people think only of 5contract claims, but forget the Tradition (delivery) being also contain a items completely separate sale and purchase agreement to transfer ownership of the property for the purpose of contract. ‘Savigny for this discussion, it was that, no matter the subject matter of sale of the type and quantity, and regardless of the amount of gold price and payment methods, In the ‘objects’, the only reflect a desirable property, that property is only one act. ‘according to Savigny’s the idea, based on property sale and purchase agreement and the transactions occurred, the law also includes a Li Behavior: Behavior and P。