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Study of Civil Protection of property rights system property request

Author: XiaoYan
Tutor: GuHuaXiang
School: Xinjiang Normal University
Course: Civil and Commercial Law
Keywords: the Civil protection of real right claim of real right system Property rights claim Improve legislation
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 69
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Abstract


The Claim of Real Right is a real property rights protection system of countries of continental law system, it is an important and indispensable component of Property law. In the world, The Claim of Real Right has received a degree of research, especially of countries of continental law system. The real right of all countries has been involved in effectiveness or property rights by scholars when discussing normally on property rights, but they claim two-tone research in degree. In comparison, the German scholar of the real right claim research reached higher level, this concentrated embodied in German civil code. It has produced important influences on the legislation for other countries and even for the world. The issuance of the law of the People’s Republic of China symbolizes the establishment of real property right protection and relief system. It is undoubtedly enriched to the theory of property law. But in our country, The Claim of Real Right has been a controversial issue in the real property right theory, The Claim of Real Right had been causing many controversial in the process of establishing law. Although the final legislative text in established during the real right protection system, but its real theory problems had not been settled owing to the legislation .The Claim of Real Right is a real property rights protection system .The thesis tries to improve the system of property rights and better protect the lawful rights and interests of real right and relative person through a better systematically research of The Claim of Real Right.The thesis consists of four parts: Firstly, to discusses the general theory of property right, it will have an in-depth discussion of the concept and properties of real property right; To summarize the two common property claim the development history of the major countries; Based on real right infringement claims and the right of claim, undeserved benefit claims, the return on the contract claims, compare with them to get a deep understanding of property right. Secondly, Ownership of property rights claim. It will analyze three concepts. That is the Keepers return claim, Keepers disrupt exclude claim and owed prevent claim ownership. Thirdly, Principle of property rights claim.Principle of this part of real right of claim based on Specific types of fructuary rights and the right of claim.Lastly, To discuss the system of real right legislation in China. This claim about the law, analysis of existent legislative defect, then puts forward Suggestions of perfecting the system of property rights.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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