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Statement of the Position-setting of the Intangible Property in the Civil Code

Author: LiFeiMing
Tutor: XiaoQiang
School: Guizhou University
Course: Civil and Commercial Law
Keywords: the Intangible Property Rights (Un)-Physical Property the Direct Property the Indirect Property (Un)-Dominated Property Civil Code
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 130
Quote: 1
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Abstract


Starting from the research of whether and how the Civil Code should norm the Intangible Property, the article carries on introspection to the concept, the attribute, and the category of the Intangible Property and the Property. The article considers ’Rights’ the Property, while ’Things’ not the Property; besides, it points out that only the Person Rights, which embodies person relationship is Un-physical, whereas all the Property bears physical character. Therefore, the classification of the Physical Property and Un-physical Property is not fully reasonable; the classification of the Tangible Property and Intangible Property on this foundation also lacks scientific character. This directly caused the concept of the Intangible Property not scientific; so the writer carries on a new classification to the Property, divides the Property into the Direct Property and the Indirect Property, the Dominated Property and the Un-dominated Property. Moreover, the writer agrees the viewpoint that the Civil Code should adjust all kinds of Property on the whole, deems that only in this way can the Civil Code accord with the status of basic law; The way to adjust is to establish a general principle of the Property Rights in order to generally regulate all types of Property. And furthermore single-file laws for adjusting all kinds of new properties should be reserved; the writer attempts to draw a framework of the general principle of the Property Rights in the end of the article, and also replies to the matter of position-setting of the so-called ’Intangible Property’ based on this.

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