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Priority System Research

Author: SongZongYu
Tutor: ZhangYuMin
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Maritime Liens General priority Special priority Real Estate Legal Hypothec Civil Code Lien Debtor First take privileges Priority claim
CLC: D913
Type: PhD thesis
Year: 2006
Downloads: 1225
Quote: 7
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Privilege concept originating from Rome law evolves into an independent legal institution in the modern history of the civil code of France, Japan, Italy and so on. Privilege system indeed exerts distinct institutional function in maintaining fundamental human rights and social stabilization, safeguarding public interests and common interests, as well as preserving specific social economic order. The common law countries and the civil law countries such as German and Swiss do not establish unified system of Privilege, however, they have substituted system with similar function. For our country, which has no Privilege system and also hasn’t established perfect substitute system, there is a great need for the Privilege system and it is of great practical importance to strengthening the research and introduce of the Privilege system, especially in the era of Chinese sharp social revolution.Privilege system has been deeply and systematically investigated in this article which states the substantive justice as its main thread, persists in the scientific development conception of human orientation, bases itself on constructing a harmonious socialism society full of the democracy and nomocracy, equality and justice, honesty and fraternity, energy and vigor, stability and order, harmonious coexistence between human beings and nature. It utilizes the basic knowledge such as jurisprudence, sociology and economics, adopts some research approaches like historical analysis, comparative analysis and attestation analysis, takes Privilege system of some nations like France, Japan, Italy as references, combings similar regulations of the common-law countries, as well as Germany and Switzerland and so on. Compared with existing research results, this article, emphasizing particularly on the basis of the Privilege system and insisting on dichotomy of theoretic jurisprudence between real rights and creditor’s right, has proposed a concrete assumption of implanting Privilege system by means of clearing up the venation of historical development of Privilege system, considering comprehensively influence factors of establishing Privilege and combing reality and law tradition of our country. Besides Introduction, the whole article, totally over 200 thousand characters, is composed of five chapters including evolution of Privilege System, Explanation of Privilege, Analysis of the Value of Privilege, Conflict and Equilibrium of Privilege and Reality and Ideality of the Privilege System in China.The first chapter concerns the evolution of the Privilege system. Starting with the conception of the Privilege system, after analyzing the different destinies of the Privilege system in the civil law countries, the stipulation about the Privilege system in the common-law countries, the phenomenon of original Privilege in China, and the current law with regard to Privilege system in Chinese mainland region, the author draws the following conclusion:In the ancient Rome law, the legal mortgage system had implied Privilege. Legal real right for guarantee was the embryo of the Privilege system in civil law. However an independent Privilege system has not appeared in Rome law, then the idea of Privilege

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CLC: > Political, legal > Legal > UNIVERSITY > China and France
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