On The Establishment Of The Legal System Of Usufructuary Right Of Chattel

"As regards the realty or chattel owned by someone else, a usufructuary right holder is entitled to possess, use and seek proceeds from it in accordance with law." The real right law of China has officially admitted the usufructuary right of chattel. But the local academic theories are still in deputy that whether chattel can be a kind of object of the usufructuary right. Furthermore, there is no appropriate system of definite articles to settle a usufructuary right of chattels in reality. Back to the groud, an effective way of demonstration has not been found yet, and many tradition contracts can fill the vacancy of chattel usufructuary right. So the value of the establishment of this right system needs more discussion.In my opinion, the existence of usufructuary right of chattel due to the specific historical environment. In different periods and different countries, it may be established in different ways. Recently, this old and normal legal system has developed some new functions, we should do some review on the formal relative theories, then we can ensure that if we should turn this admitted right into a complete legal system.The dissertation are divided into four parts besides the introduction:The first part is all about the concept of usufructuary right of chattels. A certain concept is the foundation of a further study, it starts with the description of the usufructuary right. Then the paper pay lots of attention to the object of the right which should be proved a qualified object to suit the system of usufructuary right. And the paper lists a few similar legal concepts to make comparison which can show the differences between usufructuary right of chattels and other legal systems.The second part is about to seek and analyse the history and the current rules of usufructuary right of chattels in other countries. Through a deeper and large-scale analysis, we can find a more objective criterion of evaluating the usufructuary right of chattels.The third part is the necessity analysis of the usufructuary right of chattels. It contains two aspects of the necessity, the first one is the theoretical necessity which can be reflected by the existence of high chattels, the change of the attitude of using chattels, the new functions of usufructuary right of chattels. And the second one is the practical necessity which is mainly showed in the conducts of financial leasing, competition limiting and the transactions of res communes in recent days.The fourth part is the personal opinion of establishing the legal system of usufructuary right of chattels. This part mainly discuss the demonstration of usufructuary right of chattels, the principle to the statutory of real right and the applying extent of the usufructuary right of chattels.According all the analysis and study which have been done, the conclusion of this dissertation is that the establishment of the legal system of the usufructuary right of chattels is significant to Chinese legal system.And the personal opinions have been given in the dissertation.