Study On The Nature Of Civil Priority

This dissertation which mainly adopts some research approaches like systems analysis,comparative analysis and historical analysis performs a comprehensive and detailed study on the nature of civil priority.This dissertation attempts to point out impact of the nature of civil priority on china's institutional framework of civil priority on the basis of clarifying the nature of civil priority.Besides introduction and conclusion,the article is divided into the following five chapters:Chapterâ… is "The concept of priority ".Firstly,it introduces the different usage of civil priority,explains the premise that determines the concept of civil priority,and further points out what is civil priority. Secondly,it introduces the expression of civil priority in different countries, and concludes that the title corresponding with custom is preferred as the final choice of title of civil priority.Thirdly,it points out that the basis of determining civil priority is the scope of special obligatory right.According to differences of object,civil priority is divided into two types:general priority and special priority.Lastly,it introduces views of the nature of priority,which includes the view of non-uniform nature and the view of uniform nature.Chapterâ…¡is "legal system of priority ".Firstly,it inspects legal system of Roman law,and points out that although the legal mortgage had implied ideas of priority,but Roman law did not have a formal priority system.Secondly,it inspects legal system of French law,and points out that after ideas of the priority of Roman law experienced the evolution of the role of the law,the priority system was clearly established in French law as an independent system of guarantees.Thirdly,it inspects the protection system of the special obligatory right in German law,and notes that because the principle of real right's publicity in the German Civil Code is fully stressed,so priority system lacking methods of publicity is very difficult in existence.Therefore,in German law,social relations regulated by the priority system are adjusted by special law that provides the priority system,a similar function of the statutory mortgage,as well as procedure law that provides the sequence of liquidation or protection measures.Lastly, it concludes the reasons of differences between the French model and the German model of the priority system.Chapterâ…¢is "the nature of priority ".Firstly,it demonstrates special priority is real right through cleating the criteria of distinction between real right and obligatory right is dominant effect and exclusionary effect.And then demonstrates special priority is real right for guarantee on the basis of the nature and criteria of real right for guarantee.Lastly,it demonstrates special priority is legal real right for guarantee.Chapterâ…£is "the nature of general priority ".It Stresses that the object of general priority is not specific and general priority is lack of appropriate means of publicity.Therefore,general priority is not real right, but priority effect of obligatory right.Chapterâ…¤is " Priority system of China ".Firstly,priority system of China can be roughly divided into clearly recognized priority system, controversial in nature priority system,and an alternative functional system. Secondly,it introduces modes of priority system under different views of nature of priority.Finally,according to the standpoint that special priority is legal real right for guarantee and general priority is effect of obligatory right,it points out regulating modes of priority system of China,which includes special priority system,other legal real right for guarantee system and general priority system or corresponding alternative system.