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On the expansion of civil matter

Author: LiGuangRui
Tutor: YinZhiQiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Germany, China and France Property Legislation There are physical things Property Law No physical things Chinese Civil Civil law Property rights Roman Country
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 416
Quote: 0
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Abstract


This article is a civil matter from the concept and scope of the historical evolution of the start, through the different times and in different countries on the matter of the scope of civil law analysis, summed up the concept and scope of the expansion of the material of the general trajectory, and to predict its future development, Legislation of Jus matter raised should have the concept and scope of subsumption. This article includes the preface, the text of the conclusions and chapters five parts, each part of the main contents are as follows: Preface section briefly describes the new historical conditions, China and France on the substance and effect of the expansion trend, indicating that this paper attempts to study and solve the central problem Right on the current legislation of significance. The first chapter is about the concept of civil law matter of historical development. By discussing the concept and its development trajectory matter, pointing out that the concept of a civil matter Roman civil law countries the concept and scope of physical impact, especially on the physical things in Roman law tradition has been inherited by most civil law countries , and on the concept of non-physical things have not been accepted by civil law in most countries. Germany and Japan, China and France on the matter are limited to physical things, France and other countries, including China and France are clearly defined objects without physical things. I have always been subject to German nationals Dharma, deeply influenced Japanese civil law, academia, in principle, the matter is limited to physical things. The second chapter is the center of this article. Through my Dharma scholars national research status of the concept of substance introduced Legislation of Jus matter of the concept and scope. Propose to adapt to the needs of the expanding matter, things can be defined as having a body dominated meaningful objective material property and property rights. There are three aspects of physical characteristics, one objective existence of material and property rights. Two is a property of significance, is the property of the main positive or negative property, three are for subjects of control and domination. Property Law in the matter should be able to cover the nature of things, personal things, virtual thing (intangible assets), human resources (labor capacity) four aspects. The third chapter is about the physical expansion of the concept and scope of research trends. With the development of society, nature Ji began materialized, the original object is not considered natural objects have been gradually incorporated into the scope of the adjusted property law, such as electricity, gas and space. While being materialized in a natural, people are beginning to be materialized, in addition to human hair, teeth, the human body can regenerate blood, bone marrow, umbilical cord blood, skin and other tissues and organs under certain conditions, also be applicable to the relevant provisions of the Property Law . And the natural and man materialized materialized compared materialized rights seems a greater impact in our society. 1991 Germany, China and France to modify the provisions concerning matter, \Germany, China and France has so modified historical, philosophical and practical reasons. But their essence, Germany did not completely exclude the animals outside the scope of the object property. Protection of animals and the environment is the development of contemporary humanism is an important feature, doubling Animal embodies respect for human life, protection of the environment will be the ultimate beneficiaries is humanity itself.

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