| The severance of personal property and real property is one of the most important classifications in civil law, and it has a profound impact on Civil Law Tradition and Common Law. This thesis analyses the causes of the severance, and put forward some new opinions; Turns over to think of the traditional criteria of the severance and advance new criteria. Finally, the author reconstructs the system of the severance of personal property and real property.The thesis consists of five parts. The words add up to more than 36,000.Part one discusses the status of the severance in modern civil law. The author thinks that the severance of personal property and real property is of great significance in Civil Law Tradition and that the severance especially has an essential impact on the constitution of Real Right Law.Part two analyses the causes of the severance. The author believes that, firstly, the severance gradually comes into being in history, and "the reasons of the severance must ever be vainly sought for in the philosophy of law: they belong not to its philosophy, but to its history" . Secondly, the realization of function is also an important cause. At last but not least, the value conception of the people in different times influences fiercely upon the severance.Part three discourses upon the criteria of the severance. The author has the opinion that traditional physical criterion and value criterion have their inherent weakness and thus they cannot be used to differentiate personal property from real property. According to this, the author posesessentiality criterion and functionality criterion. And introduces the doctrine of the direct prescript and makes them objective.Part four discuss the inward structure of the severance, the author asserts that according to essentiality criterion, land> construction are real property; according to functionality criterion, automobi^ airplane and watercraft are also real property. All others are personal property. |
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