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On The Claim Of Real Right

Posted on:2005-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:X J ShenFull Text:PDF
GTID:2156360125456741Subject:Law
Abstract/Summary:PDF Full Text Request
The claim of real right is important content of real right. To study the claim of real right can not only contribute to protect the owner of real right effectively ,but also contribute to lay down the law of real right and guide the practice of our country .The claim of real right has been studied by the scholars throughout the world, especially in the countries of the continental law system . The scholars all involve the claim of real right when they study the effect or protection of real right, but their level are quite different. Relatively, the study of German scholars on the claim of real right reaches a very high degree which is reflected in the German Civil Law. It has exerted a very important influence on the civil law of the other countries. With the development of reform and opening-up, the scholars of our country in mainland have made some advances in the study on the claim of real right. However, our study degree on the claim of real right is superficial because the relevant history is too short.In my thesis, I have mainly studied the concept of the claim of real right and analyzed its properties. I think the claim of real right shouldn't be regulated by lawsuits time limitation .1 have also differentiated the claim of real right from that of obligatory right, and further more I have related and analyzed the concrete content of the claim of real right. At the same time, I have a specific demonstration on the claim of possession protection.This thesis consists of four parts.Firstly , on the common theory of the claim of real right; Secondly, the claim of real right based on ownership; Thirdly, the claim of real right based on the claim of the other real right; lastly, on the claim of possession protection.
Keywords/Search Tags:claim of real right, claim of obligatory right, Lawsuits time limitation, claim of possession protection
PDF Full Text Request
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