Studies On The Origin,Development And Evolution Of Ususfruct

Usufruct, with the inborn nature of solving the contradictory conflicts between property ownership and usage, originated from Roman law. It existed with the social guarantee system of providing for the aged at the end of pre-classical Roman law period. Usufruct got a good chance for development in splendent Roman period. The latter's many systems of usufruct stemmed from it. In the Justinianus's times, though usufruct was definited broad sense usufruct, it had no great effect in practice, the civil law system inherited the concept of broad sense usufruct. It also inherited the usufruct that existed in the classical Roman law period with the nature of social guarantee. With the west laws spreaded in the east, some Asian countries, such as Japanese, south Korean rejected to adopt the narrow sense the system of usufruct because its social guarantee in practice, common law system inherited Roman law though it had its specialty. It combined with the fideicommissum which connected tightly with the establishing of usufruct, thus the common law's fideicommissum came into being with its special nature. Aiming at the direct need of the governoring of usufruct, the Great Britain Equitable originated.Through the analyzing of the historic development of usufruct, I put forward the historic and moving thought mode to understand the subtle relations between usufruct and usufruct of immovable property with the destination of solving the problems of the confuse of names.Thesis is composed of four chapters, that is preface, the origin of usufruct , the development and evolve of usufruct in Civil law, the inheritage and development inCommon law.The first chapter is the most important part of the thesis. I conduct my points of view on the origin of the system of usufruct with creative thought method. Firstly, I introduce the concept of usufruct > our country's concept of usufruct and the comparing of the two usufruct. Secondly, I state several doctrines about the origin of usufruct. Then I analyze the origin of usufruct in detail from the aspects of matter basement > social basement > directly motive cause, indirectly motive cause and the origin of usufruct. Late I creatively conclude that differences of the two law systems in the aspect of usufruct inheritage in the Roman law period and Justinianus's period. It points the road that regulates the development of the two law systems in the respect of usufruct system.The second part of my thesis mainly states that compared with the usufruct of Roman law, European law country's usufruct development and evolve.The third part mainly studies usufruct's inheritage and creation in the Great Britain. I conduct the effect of Civil law upon the Great Britain in the aspects of the effect of Roman law on the Great Britain, the effect of Roman law upon the Great Britain balanced law and the effect of usufruct on the Great Britain law. Then I analyze two kinds of usufruct system in detail which including maintaining of land and the system of usufruct. I pay more attention on the special trust system that created by the reform of Roman usufruct conducted by lawyers in folks in the Great Britain. In the process of the reforming of usufruct, the Great Britain balanced law thus came into being. Afterwards, usufruct that stemmed from the ancient Roman law took on a new look and it really finished its effect in practice.