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On the Matter of Civil Law on Expansion

Author: ChenDongMei
Tutor: MaXinYan
School: Jilin University
Course: Civil and Commercial Law
Keywords: rescorporales resincorporasles expansion countermove
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 174
Quote: 1
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Abstract


In the property law has been introduced, but the law and did not stop the controversy. For even the most basic theory - what is the law on the matter is still not very clear. Under the cover of Laurent explained that the Roman law on the matter are divided into the concept of body-and-no-there-to-be-aware of-touch; no body is a matter of perception refrain from making material. France, China and France will be the succession of Roman objects are divided into body-and-body will have the right to object as a. Prussian recognition of the common law concept of non-material, which will also act as a matter of defining. Germany, China and France by the state of Bavaria and Hesse, and so on the draft civil code, will be limited to material objects have a body, which will be directly above the material in the exercise of the right to property is defined as, for the continuation of the existing law so far. Japan were in the old Civil Code provides that there is a body-and-body, but also the right to be classified as non-material. In this regard, after the debate to amend the Civil Code in the old Civil Code, it was suggested that if the right as a matter that is also bound to recognize the ownership claims, such claims can only be confused with the distinction between property rights, but without any real interest. As a result, the existing structures of civil law are limited to physical objects. Despite Japan’s current law, it is true, but the actual legal norms in Japan, even if the nature of the exercise is to have a body-on when the reality is for the purpose of the rights of property can be found everywhere. For example, there are rights, the right to quality, mortgage rights, the rights of possession, especially given the privilege to the general, and so on. In view of these considerations, today, there is no need to define the objects are limited to physical objects. In this connection, China’s draft property law all are reflected in the response to today’s world. That is, in order to have a body-defining principle, and there will be no exception as the body-as objects.With the rapid progress of science and technology, rapid economic development, human society is by the traditional industrial society to knowledge-based economy into the era. Modern society no longer has the form of property, tremendous changes have taken place, there is property in the body-weight decreased, while non-property has become increasingly important. For example, according to statistics, "wood processing industry, fisheries, said the Sweden forward, the copyright industry production value is higher than in agriculture, forestry and fishery production value of the sum of the gross national product of 5.7 percent. Britain in 1982 of the copyright industry production value of about 59.76 Billion pounds, accounting for the gross national product of 2.6 percent; the U.S. copyright industry in annual revenue 55,000,000,000 U.S. dollars more than the Gross National Product of about 2%. " In addition, as technology advances, there have been such as space, radio frequency, computer networks, such as an unprecedented new form of property. Can be seen in a modern knowledge-based economy conditions, the scope of the material has broken through the traditional structures of the original scope of the present trend of expansion, as follows:The forces of nature to become movable. China’s "law" is divided into movable and immovable objects, the forces of nature is a special property. Its specificity in the following three areas: First, it is highly irreplaceable natural forces of the type of material. The same forces of nature, is the same physical indicators of energy in the form of performance, with a high degree of substitutability. Second, the return of the forces of nature are not objects of consumption. With the consumption of different currencies, the consumption of natural forces with the loss of one-way, it is not to consume the money as the return of the adoption of the same amount of money to make up for the damage. Third, the forces of nature is a dangerous matter. In the course of the use of the forces of nature with a certain degree of risk, high-voltage in tort as a high-risk behavior norms, Dian Jianhui of China issued a special "power production safety supervision" to regulate the production of electricity.Gene technology to optimize human life and the continuation of bringing the Gospel, but also from scientists to play God. Scientists can not harm the body’s way of reproduction organs, or even live organ trade, but it will be deemed to be the main object of the operation on the assumption that the premise of the Civil Code subversive. People can not help asking: Living organ for the material, physical objects or tangible property, movable property? Confrontation between persons and things, from the other end of the relative. It called the materialization of life, or of the main object. Roman law since ancient times "is a relative matter who exist in the natural world in all things," the classic thesis has been challenged.Space into real estate. In the tradition of Civil and Commercial Law, the only requirement on the ground, not provided for the right space. However, with the great scientific and technological progress, and contemporary society’s use of a wide range of space, and on the ground between the great power conflicts. In this case, the much-needed space on the ground and the right to define the limits and at the same time provides space, space for the right to set the period at a cost, use, transfer, mortgage, lease, as well as space for the exercise of the right to the limit, and so on Are clearly defined. It should be noted that the right to space on the ground and the right to the limits of the provisions clearly require good right up on the floor, down the scope so that it does not conflict with, each of which has different adjustment of the scope and object. Against the establishment of a major space power, this right is too complicated, not sure that the basic rights of the problem. This is not no space provided for the right reasons. It is precisely because of the complexity of the right space, and the real needs should be even better provided for. If precedent can learn much, you can explore, to explore the nature of the provisions, making them more practical significance.People using computer technology and digital communication technology for information storage, processing, transmission, as well as synthetic, the technology known as digital technology. Computer and digital communication technology has changed not only the original or a form of property, and have a network of its own products, and the emergence of digital creative ways of intellectual property. Network not only resulted in the virtual product, and the emergence of virtual product market transactions. At the same time, networks are emerging out of its network products, such as domain names, computer software, database, personal information such as the control. These should be the subject of civil rights. Moreover, in those on the subject have the right to a new type of network communication, such as control over the exclusive right to use the domain name, the exclusive right to use information base, such as control over personal data. Network products and the value of their property has been more and more attention by, but the law does not appear to have fully prepared. Due to the special nature of networking products, whether it is physical or mental products? It should be generalized or in the type of property? Accordingly, what the law should be adjusted? Whether to apply the general principles of law?Rapid advances in technology, and the echoes, the concept of objects reached for further expansion. Objects in the connotation and extension of the expansion in the contemporary resistance to is not a trend, in order to avoid the legislation out of touch with society and the "objects" in the concept of legislation to define when imperfect, should be considered for re-definition or give the expansion of Interpretation.

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