The Study Of The Usufruct On Movable Property

"Property law" of our country already makes clear this legal concept-- "the usufruct" and sets up specialized contents stipulating relevant details.Currently,civil law scholars of our country coincide in opinions with the difinition、law characteristics、social fuctions, but have differeces on problems such as the boundary of the concept、the concrete type and the range of object. Especially the range of the object, whether can include movable property.The essay spreads out to this problem in term of "the study of the usufruct on movable property". Review of the origin of the usufruct the development of the criticism about it,and the instance of legislation abroad, and then have an analyses of the necessity and the feasibility for the settlement of the usufruct. Finally the assay conceives of the construction of the system of the usufruct in our country, for the purpose of utilizing the social resource efficienly. There are four parts in addition to the preface and the conclusion.The preface part aims at revealing three problems:first, the background of selecting this topic and the value of the study. Rare resource incomplete has led to all need can not be able to satisfy any main body, have been producing resource contradiction between all and making use of very naturally right now. This contradicts, improves but shows more and more obvious with the fact that human being makes use of the resource. If not solving appropriately, there will certainly restrict society development of the economy. Second, at home and abroad, the legislation example and educational circles of this theory go into sum up. Third, drafts problem and research method solving. There is existed in the objective reality expecting in exploring the usufruct on movable property of the necessity, is expounds the reality of setting up the usufruct on movable property, from resolving difficult problem of setting up movable property on theory origin and the law technology. To make deeper arrangement of ideas, try to look into the distance combining with our country reality here on the basis.Chapter one confines the conception of the right of usufruct on movable property. And demonstrates the changes of the object of property in modern society:the changes from the form of tangible things (things corporeal) to intangible things. After the analyses of the classification between the tangible and intangible things, with the result that we should perfect the classification between movable property and immovable property. And thereupon, the movible property as the object of the right of usufruct can be understand from a better viewpoint. Only correctly recognize and grasp the character of the object of the property——the things,we can avoid the faults, even some mistakes in cognition and practice.In Chapter two, the author describe the historical developments of the right of usufruct on movable property. From the usufruct on Rome law to the relevant rights on France,then Germany civil law. By the method of comparison research, the author investigate the fuction of building up these rights、how to have these rights、how to use them、the validity、how to safeguard. After that,there are discussions from the demostic scholars. Following the analysis, the author bring up an idea and study the practice of this legislation in our country.Chapter three evaluates the system of the usufruct on movable property at a deeper degree. It dissolutes the traditional theories of the usufruct and try to break through the hinder which has influence to set up the system of the usufruct on movable property.Finally, the part comparatively researches the essential factors of the usufruct on movable property. The author explores the lega rule of the usufruct on movable property. First, this part analysizes the value on the legal rule itself, and the value in the system of civil rights, then,the value to make the best use of everything. Second, after the testification of the necessity for buliding up the system, we study the objective reality and feasibility. There are many rules of overseas experiences which can be utilized by our coutry.But the difficulty of the problem is between the legal rule and the fundamental principles in our Real Right law. Another hinder is how to set up the system under the pricipal of the publicity.Chapter four constructs the legel system of the rule of the usufructuary on movable property.That means, as a legal rule, the system of publicity for movables has its own values and efficiency;who can have this kind of usufructary; the objects of the usufructuary;the right and the obligation; finally,to form complete set in order to safeguard the system of the usufruct on movable property.