A Matter Of A Right Principle Of Contemporary Fate

The content of "one thing, one right" principle includes formal regularity and virtual regularity. The construction of traditional theory on real rights is based on the formal regularity of the principle of "one thing, one right", its main characteristic is the oneness of the object (corporeal) and the oneness of the right (ownership). However, this only applies to the primary stage of the commodity economy. In many-eras and areas in human history, the largely existed dual ownership of the land in various forms has brought significant influences on modern property theory in common law countries. Dual ownership is not reactive but neutral; it even has many active factors. Dual ownership is simply ostracized by the formal one thing one right principle. As viewed from the virtual one thing one right principle, dual ownership in essential belongs to the one thing one right principle as well.Conclusions about the formal one thing one right principle are those who are valid only under certain phases of economic development. With the passage of time, the valid fields of these conclusions are reducing; the rationality of these conclusions is disappearing. Their dogmatism will eventually lead to the extinction of real rights.The formal one thing one right principle is already divorced from the actual state of rights of social movement. The traditional system info of real rights that is based on the plane structure must be reconstructed. The object pattern of this reconstruction is to substitute the formal one thing one right principle and the plane structure of real rights theory with the virtue principle and the solid structure, to separate the abstract real rights that indicate the attribution of the thing from the material real rights that indicate the content of the disposal, to acknowledge the phenomena of value split, intention split and effectiveness split, to abstract the general rules applied to the dominative power of property, to unify the domination of corporeal and incorporeal into the system of real rights. Finally, it is to conformity the theory on solid structure of real rights with the analysis module of value rights and law drafting techniques.