The Primary Discussion On The Contract Of Water Rights Transfer

The contract of water rights transfer is a new civil contract. It is the common choice of all of the countries in the world in the administrative area of water resource with the background that the public law penetrating the private law. The contract of water rights transfer not only has the characteristic of conventional civil law, but also has developed some principles of conventional civil law ,such as the relativity of contract ,the self-rule of meaning .Now, the Water Law of our country hasn't touched the contract of water rights transfer, which can't meet the need of the developing practice. So it is necessary for us to study the theories of the contract of water rights transfer. The contract of water rights transfer is a means of limitation of the environmental rights on the debt. In this article, the author discusses the concept , characteristics , content and rationality of the contract of water rights transfer etc. Wish this dissertation has some effect on the developing transfer practice of water rights.The article is divided into seven sections.The first section introduces the rise and the problem of the contract of water rights transfer .The actuality of academic research and the emphasis of this dissertation.The second section researches the content of the contract of water rights transfer .This section elaborates the basic concept of water, water rights, water rights transfer, the contract of water rights transfer ,etc.The third section analyzes the rationality of the contract of water rights transfer .On the basis of the civil theories , this section analyzes the necessity and the possibility of the contract of water rights transfer.The fourth section analyzes the characteristic of the contract of water rights transfer. The contract of water rights transfer not only has thecharacteristic of private benefit ,but also has the characteristic of public benefit .It is a effective restrain method of public benefit on private benefit .It can realize the aim of the water environmental protect.The fifth section : the institution and effectiveness of the contract of water rights transfer. This section analyzes the elements of institution and effectiveness of the contract of water rights transfer.The sixth section researches the content of the contract of water rights transfer. The content of the contract of water rights transfer include the right and duty of water right transferor and transferee.The seventh section researches the remedy method of the liability for breach of the contract of water rights transfer.