On Civil Priority

Civil priority is the kind of right that when many civil rights with different types in the same property become concurrent, the law directly regulates specific civil right to exercise in prior. As s statutory real right for security system, priority originates from Roman law, but the legislations in most country hold different attitude toward this system. General Principles of Civil Law in our country has not constructed the system of civil priority, only in some civil special laws there are some provisions on priority. With the fastening steps of legislation of law on real rights, the deep study on priority has become an urgent question. Viewing this, the dissertation starts from the basic theories of system of priority, expounds the meanings and characteristics of priority; analyzes the nature of real right for security of priority from the two aspects of real rights and security; according to different standards differentiates different types of priority; from the requirements of public interests and social policy, expansion of ideas of "common"and "pledge"and protection for obligor, generalizes the legislative foundation of priority. Secondly, through the provisions of system of priority in foreign and domestic legislations, especially the provisions in French Civil Law Code and Japanese Civil Law Code, the author combines the judicial practices of our country, concludes the related legal rules of priority, including the rules of limitation of validity of priority, rules of order of priority and rules for handling of concurrence of priority, other real rights for security and acquisition by good faith. Finally the author points out that it is necessary for our country to establish uniform civil priority system: system of priority is the requirements for civil law pursuing substantial justice, adapting to the development of socialistic market economy and perfecting system of real right. Meanwhile aiming at the drawbacks of the loose, incomplete and bad operative legislative system of civil priority, the author puts forward the legislative design to establish the uniform system of priority, including the choice of legislative structure of priority and the suggestions of legislative content of priority.