On The Essence And Sense Of Jus Ad Rem

The essence of jus ad rem lies in that the litigant soley chases and enjoyw the legal rights and interests of its own within the legal range according to its own free will The essence of jus ad rem is not only the core jssue ad rem theory therefore,the issue of essence of jus ad rem cannot be avouded when studying the jus rerem,while we should first begin with the inspection of histoical origins when studying theessence of jus ad rem.Part one:the origin of jus ad remJus ad rem origin in a form senes refers to the process which this legal term of jus ad rem was created,complied into law code and became a legal system,i.e.the source of jus ad rem from the etymological view.therefour,Itputw emphasis on the creation,promotion and application of the legal ckndept in steady of its intrinsic meanings and applicable range.The also makes some difference between the jis ad rem comcept in this sense and that of countries with continental law systen in modern and contemporary sense.Jus ad rem origin in the substance sense lays ttress on the retroactivity and inspection of the content,embracing the intial state of jus of jus ad rem---occupatiom;however at the same time the maturity indication of jud ad rem---the entire process of ownership is a process in which the category,content and relative systems of jus ad rem get enriches.As the enrichment and perfection of the jus ad rem system,peoples isea on jus ad rem has e.pericnced the process fron budding to maturity.The jus ad rem system in Roman law period put emphasis on the maintaining of the actual status of occupation and on the legal assumption and protection of occupation.Whether the occupier is an entitled one or not was not the issue that the occupation system intended.As long as tht litigant indicated the fact of its occupation,the law would protect it ,which kind of jus ad rem system was,to a certain extent,meaningful positively for the ltability of economic order at that time.The jus ad rerem in Germanic period existed only in the forms of unwritten laws such as customs and previous,The concept and system of jus ad rem was not advanced.The understanding of jus ad rem coincidently seemed like from the same origin.In the Germanic law,jus ad rem presented itself all in the torm of occupation;occupation laid a foundation for jus ad rerem;all that was presented in the form of occupation was treated as jus ad rerem;all that was protected as jus ad rem.There was nosignificant distinction between ownership and occupation and no discrepancy capitalist legislation period,besides the occupation system inherited from the Germanic law period,the theory of jus ad rem is enriched,which shows in that jus ad rem and imputation is paid as much attention as utilization,mainly to meet the need of civil circulation under the condition of developed capitalist industry and commerce.Part two:the essence and sense of jus ad remThe essence of jus ad rim is the core issue of jus ad rem system.Same as any other private rights,the essence of jus ad rem is also lies in that the litinant chases and realiae its own legal rights and interests according to its own free will under the condition of legitimacy.But because of the legal property of jus ad rem,when carrying ort its own legal right the litingant need no active assistance from others ,only requiring others to perform the obligation of non-interference on realiaztion of rights of other people.Firstly,the essence of jus ad rem defines that the subject of things should have the property of private law ,Acountry can become the subject of jus ad rem ,but at same time it is no longer the representative lf rights,in stead it is an equal subject which has hardly any difference to a common natural person.Secondly,though as a sole right ,the essence lf jus ad rem today should boost the utilization of things and maximize the application value and exchange value of things to the greatest extent.To recognize the essence of jus ad rem is not only meaningful theoretically but also meaningful profoundly practically for jus a...