A Review Of The Object Of Security Rights

This dissertation is about the object of security rights. Chapter one of the article analyzes the basic content and notion of the object of right. After explaining the relationship between several similar concepts about object, the author provides many kinds of opinions about object of right, and at last draws such a conclusion at this point as follows: the object of right we usually talk about includes Vache, right and act.Chapter two of the article examines the substantial object of security rights. On the basis of Larenz's sequence theory of object of right and layer theory of the first chapter of this article, the author argues that the substantial object of security rights should be the ownership and other property rights.In the third chapter, the author discusses in detail the formal object of security rights. Tangible property is in fact the form of the right of this tangible thing, so the tangible property as an object is also the form of the right of the tangible thing as an substantial object, which is determined by the character of ownership, the thinking method to regard right as a tangible thing and the inertia of lingual expression. Then, the author shows us the significance of distinguishing the substantial object and formal object of security rights.Chapter four of the article discusses the influence of the review of the security rights'object on the definition of"thing(Sache)"and"the object of thing"in Real Right Law. On the basis of the different definitions in different countries'real right law, the author explains the reason why we should redefinite the concept"thing"and"object of thing"in our country: the tendency of modern real right law. In the end, a new approach to definite"object of real right"and"thing"is provided. The last part of the article focuses on the influence of review of object of security right on the division's criteria of concrete security rights. The article discusses the topic by analyzing right of pawn and right of mortgage. Because the article think the substantial object of the security rights is right, the way of demonstration should be recognized as the criteria of distinguishing the right of pawn and right of mortgage.