The Research On Exclusive Effect Of Real Right

The essence of the real right is control certain fortune directly, and enjoy the exclusive interests. About whether the exclusive effect is a independent real right, there is deferent view between the scholars. We hold that the exclusive effect is does not include in priority effect, it's a independent real right.Arrange to real right effect explanation there are narrow explain and broad explain, we agree to the broadly-defined explanation. We hold that the exclusive effect is oppose to all people, purposing it get rid of the obliged invade right, thus guarantee obliges can realize the right benefit of things smoothly within their right ranges. This kind of delimitation to the right range, is the existence value that the real right arranges his effect, it is a implicit essential characteristic in the real right.The exclusive effect Real stem from dominant right directly whether meanwhile, it propose a series of system demand to real right law. In principle, it require sureness, right kind legal, announcement publicly; on the norm of the real right, it requires the real right to have chasing and strength effect.People's natural instinct always trends towards profit, and the property is always rare. People's trending towards the profit is the human nature origin that the real right legislates; the rareness of the property is the thing origin that the real right legislates. Between human nature and property, there is deep contradiction, namely deep tense situation between desire and property. In this tense situation, legal system of an exclusive real right must be stetted up.The exclusiveness on the same property should be as follows: It's absolute relation of repelling each other between ownership; Between ownership and fixed limit real right is inclusive relations; the relation in order to repel each other in principle, the inclusive situation exists in the exception; Between the real right of pledge is a inclusive relation in principle; The relation in order to repel each other in principle between the usufruct and real right of pledge.