Theoretical concern of real right acts and claim acts in real estate deal of Japan and Germany

本研究主要是在着眼于真实的不动产交易的场景之后，对我国司法判例中所理解的、一般观点认为真实的物权变动的效力是基于交易即请求权行为而即时产生的观点提出质疑，论证了在我国探讨真实的物权行为本义的可能性和必要性，结果，该意见认为，在支付价款等时实施的真实的权利行为发生时，除了作为请求权行为的交易之外，还应产生真实的权利变更的效力，包括在我国仍有说服力的观点，而在德国则相反地存在着否定真实的权利行为概念存在的观点，这些事实可以评价为，给了我们将怀疑的目光投向在我国已被理所当然地认可的真实的权利与请求权截然区分理论的机会，同时也澄清了对真实的权利行为概念的存在是否仍然具有可考性的可能性。

In this study, chiefly after keeping the scene of the real estate deal in mind, the doubt was thrown on the understood judicial precedent and the opinion of the common opinion of our country, that the effect of the real right change is generated immediately based on the bargain that is the claim act, it was examined that the possibility of discussing an original meaning of the real right act and the necessity existed in our country, while making a German law an object of comparison.As a result, it turned out that the opinion thought to generate the effect of the real right change besides the bargain that is the claim act, at the time of the real right act performed at the time of the payment of the price etc., includes a still persuasive point in our country, on the other hand, the opinion of denying the existence of the real right act concept oppositely exists in Germany.These facts can be evaluated that the chance to turn skeptic eyes to the theory of sharp distinction of the real right and the claim in our country that has been approved as a matter of course is given, at the same time as clarifying that the possibility of still examining the suitability of the existence about the real right act concept has been left.