Comparative Research On The Concept Of Property In Civil Law

Property is a basic concept in English and American Property Law, and has a developing history of hundreds of years. Property rights are among the fundamental rights of the English and American people protected by the Constitution. Private property rights have long become one of the core values of the western society. In recent Amendments of Chinese Constitution, property rights have also been added to the fundamental rights owned by Chinese people.This dissertation explored the definition, categories, contents, objects and protection of the concept of property in English and American Property Law and Constitutional Law. The author gave special emphasis on the unique rules of the divided ownership, varieties of estates and adverse possession.In Chinese traditional civil law theories, there is no position of the concept of property for our heritage of German classic civil law theories. But the development of our society needs us to introduce it into our civil law system. The author of this article compared some of Chinese civil law concepts with the concept of property in English and American Property Law, and provided advices on it.The author of this article put forward the advices that the concept of property be used to reframe the system of Chinese property rights, making it including rights of all things (tangible and intangible) and creditors' and introduce rules of divided ownership and adverse possession to reform our rules of immovable property. The author hopes that the views expounded here are useful to the reform of our civil rights system.