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Legal Nature of Cliaim of Real Right

Author: SunHaiXia
Tutor: ZhuQingYu
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Claim of the right The right to request on the matter Right to relief Self-sufficient relief
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 328
Quote: 1
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Abstract


The origin of this writing is that the academic world for the legal nature of the claim of the right understanding of the confusion . The claim of the right system in our country is a relatively immature system , very intense debate on the claim of the right . The author rights system and the system value of two levels of the legal nature of the claim of the right depth study , to be aware of the legal nature of this claim of the right . First , in the introduction section introduces the academic world on the claim of the right understanding of the status quo , and pointed out that the main problems and controversies . Meanwhile , the part of the research methods and the purpose of writing this article , a brief introduction . Followed by body part , body, composed of five parts . The first part of the definition . Academic on the definition of the concept of the claim of the right is not uniform , the author from the claim of the right of the system for the purpose of analysis , that the claim of the right concept for the formulation of the system more scientific . Meanwhile, the part of the property right to request the two concepts of rights and material claims analysis and comparison , and that the basis of the right of claiming lack of established , there is no need in the top of the claim of the right to construct the right of claiming concept. The second part of the Historical Survey . The part from the Roman law \Investigation of the claim of the right system in the course of development , I draw several insights that the claim of the right system after the Roman Law of Property Protection in the Enlightenment , the French Civil Procedure was amended and development , and finally end in Germany

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