On The Limitations Of Real Right In Private Law

How to protect rights and how to limit them are the everlasting topics of law. For one of natural characters of right is to expand unlimitedly, and the interest existing of others and public are the limitations of absolute rights. So setting up institutions for right borders as well as expanding protection is also one of tasks of law. Every right is not absolute, and sometimes the right should be restricted certaintly. Along with the social economy development, the limitations of the real right is increasing gradually in the real life. But in our country law related real right limit articles are scattered in disorder and are illogical. During the" Real Right Laws (Draft)" of our country, the main articles are also the right, and the limitations are very few to the real right.The selection of subject is form the article: the Limitations of Private Right, Intellectual Property Rights and Real Right, which is written by Chengsi Zheng. Most of people are attention to real right protection question, and neglect the research of real right limit question. This article will construct real right limit system by analyzing the real right limit theory basis and inspecting the foreign real right limit history.This paper is divided into four parts, as follows:The first part discusses real right limit theory basis, including the legal basis of right limit and the concrete reason of real right limit . This part of content provides the theoretical basis for the article below.The second part discusses foreign real right limit historical inspection. Which parts should be included in the real right limit content by analyzing the real right limit content in those countries. This part of content provides the reality basis for the third part.The third part discusses the establishment of real right limit system. It will specifically discuss real right limit system content on basis of the second part. This part of content provides the concrete reference for the fourth part.The fourth part discusses the real right limit articles of" Real Right Laws (Draft)" of our country. According the third part of content, it discusses the question as well as the solution method in the" Real Right Laws (Draft)" of our country.