Legal Nature Of Cliaim Of Real Right

Writing this article is for the sake of disorder in realizing the Legal nature ofclaim of real right. Claim of Real Right System is a comparatively childish system inour country and the quarrel about this system is drastic too. The author executesinsight research on Legal nature of Claim of Real Right on layers of Right System andSystem Value, so that assist realizing legal nature of Claim of Real Right.Above all, in forward the realization of Claim of Real Nature in academic circleis introduced. The main problems and diverge are also pointed out. I simply introducethe research method and purpose in this part.The text is composed of five parts. The first part is the definition of concept.There is not a uniform definition of Claim of Real Rights. The author thinks that fromthe perspective of purpose of this right to research is scientific. The analysis andcomparison of claim of real right and Petition Right on Property is done. PetitionRight on Property is thought to be lack the elements of foundation. There is nonecessity of building conception of Petition Right on PropertyThe second part is historic investigation. It begins from "appeal to substance"real rights protection system of Roman Law to investigate the progress of claim ofreal right system. Through the investigation of its development progress, we can learnthat claim of real right system was finally confirmed in BGB after real rightsprotection in Roman Law, French civil lawsuit modification and development. This isdue to right conception development and add a way of execution outside lawsuit forreal rights protection.The third part is right system. We use logical analysis to orientate claim of realright. Firstly investigation on its position in personal rights system solves the problemof the contents of claim of real right and what position it should be in real right law.The positioning of claim of real right should be according to a unified standard. Claimof real right should contain three kinds of contents. Regulations about claim of realright should under the right of property.The fourth part is system function. It uses value judgment to clarify the functionand value of claim of real right system. Functions of claim of real right are protectionof Real Rights. The protection is to protect right and embodies rights standard withinprivate law area. This part also introduces differences between relevant Claim ofrights and claim of real right and reveals that claim of real right system has itsseparate value.The last part is the conclusion of this article. My conclusion is that claim of realright is a claim of right with the nature of relief from the form of civil rights system.As a system, claim of real right's function or value is to protect real right. Theprotection is finished through relief within right system and self-sufficiency withinprivate law system.