On The Object Of Right

Both in continental and Anglo-American law system, object of right is a controversial question. This paper's purpose is to explain the role of object of right in the theory about right's construction.Chapter 1 discusses the translations to the article 90 of German Civil Code. I hope to reveal the question fully by systematically contrasting the several ways of translating about the article 90 of German Civil Code between our scholars and Italian scholars.Chapter 2 focuses on the origin of the article 90 of German Civil Code and the problems it aroused. Before the article 90 of German Civil Code limited"things"to"things corporeal","things"had included"things corporeal"and"things incorporeal"according to the theories of the whole continental law system. In fact, this conception directly came from Gaius'Institution. So in order to study the origin of the article 90 of German Civil Code, I must go back to the reason that Gaius differed"things corporeal"from"things incorporeal"in his Institution.Chapter 3 briefly introduces the exsiting doctrines, whose purpose is to conclude the level that the study about object of right now attains, which problems exist on earth and which are those concrete contentions. Then I come to solve two premise problems. First, how does the concept of object in philosophy relate to the concept of object of right ? Second, is object of legal relationship different from object of right?Chapter 4 is about the essence of right. After the criticism and analysis of traditional doctrines, I come to the conclusion that right is not a concept of abstraction, but a concept of type, hence it can not be defined but only be described. Only right is understood as a concept of type, can we analyse the essentials of right in the integral meaning.Chapter 5 discusses the role of object of right in the theory of right's construction. According to the description of the concept of right in chapter 4, I think that right is composed of inherent essentials and external essentials. Furthermore, inherent essentials consist of inherent formal and substantive essentials, the former are legal qualifications which are the outside clothes of right and the latter refers to free will of subject of right which is the core of right. Right without legal qualifications is naked...