Several Theoretical Study Of Priority System In Real Right Law

Priority is the precedent right in compensation that the claimants of certain special financial claims enjoy on the part or all of debtor' s property. It is an important civil system in western countries. It has been fulfilling the idea of civil law which treats the special person according to the specific personality with its special system and design. Along with the development of modern society, priority system is regulated in some civil special laws and these regulations are independent. It is an urge that the existence right of the special claimants in the society should be protected. Therefore, the establishment of priority system will lay a significant foundation for the adjustment of certain relationship in the coming future.This paper intends to develop analysis to the problems upon priority so as to push through a common understanding to the theories and legislation of priority by using historical analysis and comparative analysis. It consists of three chapters:The first chapter mainly deals with the foundation and gradual progress of the priority system. Priority system originates from Roman laws, it has developed into the right of legal mortgage. Different countries inherit priority system to different degrees because of reasons of history and understanding divergence. Two kinds of legislative framework are developed in French and German. The paper introduces the kinds of framework simply.The second chapter introduces the priority system in French framework. It includes the concept> features-. type> order> exterminate and realization . The priority is regarded as an independent right of legal security.Chapter Five poses the author' s legislative conception of priority system. Firstly, this part points out the necessities and possibility of priority law of China establishing priority system. The establishment of priority system is requirements of theory and practice development as well as an important way of perfecting secure real right;secondly, the author poses supplementary suggestions about the legislative frame of setting up priority in the issued "A draft of real right" .