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On the claim of the right

Author: LiuZhongFeng
Tutor: FeiAnLing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Claims In rem On the matter Prescription Property Protection Basic rights Rights System Institutional Value Relief rights Historical development
CLC: D913
Type: Master's thesis
Year: 2003
Downloads: 320
Quote: 2
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Abstract


Training of civil rights analysis is the most basic work of thinking , this paper choose to take claim of the right , the right to property claims in civil law system in the arrangements to be demonstrated . Main thesis consists of seven parts , plus introduction and conclusion in two parts. Foreword from scholars claim of the right topic leads disputes , establish the methods and levels of argumentation , pointing out the significance of topics ; paper first part of the main claim of the right to do a simple overview paper describes the concepts used to introduce and Comment on the nature of the claim of the right of the dispute , determine the central issue papers - Petition in civil law systems in the arrangements and institutional value ; second part examines the claim of the right of the historical development , mainly from the legal system history and comparative law perspective , combing the claim of the right from Roman law in the \the right to claim the basic theory , discusses the right to request a general sense , the concept of the right to request the outset that the status of a physical law , but also has a procedural function , embodied in the law technically supporting role in thinking and explains request right typed basis and significance ; fourth part is the core part of the system in the background to resolve property rights claims, the distinction between property and creditor rights systems for the formation of modern civil law is significant , but we can not deviate from Property and debt two points to understand the background and significance of such rights division, as a guide of all the criteria , based on ownership claims arising from a typical claim of the right , how to recognize the right to request the right to correspond with the dominant , debt right relationship with the request , as well as how to interpret the claim of the right of existence and answer basic understanding of right to Petition right effect relationship is a difficult task, with the original rights and remedies of the right managed to give their analysis model a little plain view ; fifth part describes the claim of the right relationship with other claims , related mainly discussed between the competing claims , and these claims are associated in law practice is of great significance ; first six parts on the claim of the right relationship with the elimination of aging , researchers compared the legislation and the debate on this issue , given the author's interpretation ; part VII review Property draft legislation claim of the right design of the system . Papers general conclusion is as follows: 1 , the right to request from the Roman and German old common law \on functionality. Basic rights and the rights of different claims are based on fundamental rights have been violated the rights arising from the relief . And the rights of creditors similarity in structure can not hide their role in the history and reality of the differences , claims should be regarded as a unique type of rights . 2 , is the claim of the right property lt; WP = 4 gt; infringed rights resulting from the relief should not depart from the understanding of the effectiveness of property claim of the right , from the claim of the right should be aware of their own existence. Right to Petition property has attachment to maintain the integrity property to ensure the stability of possession for the system of physical demands , the responsibility is not to fault as constituting elements , the limitation applies has its special, relative to other the claim types exhibit priority, the claim of the right of these features , as well as its stable load protection right holder a possession , freely dispose of property value , it constitutes a claim of an independent type , with a specific system value . 3 , whether the claim of the right of the applicable statute of limitations contained logic and value trade-offs. Claim of the right in principle applicable statute of limitations , to maintain the absolute validity of registration of publicity , registration can be exceptions because the rights guaranteed claims arising Prescription NA . 4 , in the legislation on property rights protection system design, advocate the right to request the form of common property protection has made some abstract uniform provisions , while the characteristics for each specific property and then design the appropriate protective measures. Right to damages and restitution claims do not belong to the scope of claim of the right should be provided for in the law of obligations .

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