Research Of Civil Priority System

The priority system came into being in ancient Roma and matured in modern Europe。 It bases on the interests balance, the public welfare and the social policy and therefore gives priority to particular creditor, that is the privilege being paid firstly。 The priority system breaks down the principal "the credit is equal" and realizes the transfer of the ideas of civil law from the formal justice to material justice, from the abstract personality to specific personality。 The article analyzes the system from its intension, essence, effect, source and legislation model and explains the effects of system to protecting human rights, guaranteeing the social material justice and protecting the social welfare。 Furthermore, the article, basing on the national character, analyzes the necessity of formulating the priority system in China, and provides the initial model of the system in our future civil code, including its positioning, structure and contents. The purpose of the article is to give readers a better understanding of the system, and provides references for the future civil code, too。...