Analyse The Right System Of The Allusion Quatation And Store And Is Abolished

The right of the allusion quatation, is a traditional legal system of our country; Besides, it of our country modern civil law few too, influence by foreign law at all and first China intrinsic legal system that have independently. " ancient quality" and Japanese" real estate quality" of civil law of graceful law, ear of Japan,, similar to right system of allusion quatation of our country, But there is a lot of difference. Swiss the people code have regulation that allusion quatation hold power, it hold power to allusion quatation content that stipulate approach the system of mortgages even more.The right system of the allusion quatation is of long standing and well established in our country, already there is existence of right of allusion quatations in two Chinese periods. From the development of history of the right system of the allusion quatation, it is before 1929, namely the Republic of China's codes of the people were issued in the past, More confused all the time. Among relevant legal ancient books and records, it have different forms chat the method , also show different content , If the mortgage, mortgage, mortgaging, and sticking allusion quatation,etc.. The Republic of China civil law real right that issue weave until will it be May 5 1930, act temporarily as one systematic overall provision to allusion quatation just, And become legal system of the written form degree. After the 1949, because this the people code abolish in continent, allusion quatation right have on among the people in the form of common law. Over the past 40 years, our country has adjusted the law of the right of the allusion quatation, lack the legal norm of the written form, Only fragmentary rule and judicial explanation of department involve this question.With the deepening of reform and opening-up, the transition of theeconomic system, the high-speed development of social productivity, The civil legal relation of our country is developed towards the diversification and institutionalized respect constantly. Allusion quatation right all of others' real estates use, unique form of income get up and to essential helpful supplement to of our country real right legal system by their pair, Playing its due role. Certainly, should list as to" allusion quatation right" in" real right law" of making two kinds of completely different suggestions exist. I to question this, consult of our country Taiwan, Korea S., current situation of the development of right of allusion quatation of Japan, From allusion quatation historical evolution, allusion quatation concept nature, Dialyse the right system of allusion quatation of our country from every side. On this basis, and then to allusion quatation system value of right, instead of difference, deposit and abolish dispute go on in detail analysing of legal relation that similar to, Expound allusion quatation right necessity that system exist , expect and can enlighten and helps to some extent to of our country real right theory and perfection legislating.