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On Priority System Of Law Of Rights Over Things

Posted on:2003-11-19Degree:MasterType:Thesis
Country:ChinaCandidate:H O LiuFull Text:PDF
GTID:2156360092960045Subject:Law
Abstract/Summary:PDF Full Text Request
Priority, in a narrow sense, is the precedent right in compensation that the claimants of certain special financial claims enjoy on the part or all of the debtor's property, which includes the General priority and special priority. Priority, essentially, belongs to the field of legal secure real right. As an old "privileged" system in the history of civil law, it reflects the legislative policy of a nation and shows the principles of law, equality, justice and uprightness. Some inevitably uncertain elements in the present economic life of our country require the reconciliation of legislative policies of a nation. It is an urge that the existence right of the weak group in the society should be protected. The establishment of the priority system will lay a significant foundation for the adjustment of certain social relationships in the coming future, and will protect the common interests of the country, and the claimant, which unavoidably leads to a steady and social order and great economic progress. Theoretical study of priority in our country is an start-up , while it will spring up exuberantly with the draft and development of real right. This paper, which covers a preliminary study on the development , evolution and content of priority, consists of five chapters: (1) a general statement about the nature of priority and the value of its existence; (2) a summary on the content of priority system in France and Japan; (3) an analysis of the relationship between priority and other secure real right; (4) a study on the defects of priority system in our country, and necessity of unified legislation; (5) legislative conception of the priority system in our country.
Keywords/Search Tags:priority, priority in compensation, secure real right, special claims
PDF Full Text Request
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