Research On The Theoretical Problems Of Petition Right On Property

As an important system within Civil Law specifically established to protect Property Right, Petition Right on Property should be fully studied in its theory and perfected in legislation so as to better protect the legitimate rights and interests of person having Property Right and person under corresponding obligations. Disputes between scholars in the field of Civil Law exist on some material theoretical problems relating to Petition Right on Property, including the nature, specific categories as well as the application of perish prescription of Petition Right on Property. Under such circumstances, adopting the method of logic reasoning, comparison, analysis and judgment upon value, the author tries to undertake analysis on some basic theories relating to Petition Right on Property.This thesis is divided into three parts, including introduction, main contents and conclusion.In the introduction part, the author briefly introduces the current situation of the research of System of Petition Right on Property in China, thus put forwards the major existing problems, and then introduces the background and incentive for the writing of this thesis.The main contents part consists of four chapters. In the first chapter, the author discusses the concept, nature of Petition Right on Property. Starting from the analysis of nature of Petition Right, the author is of the opinion that Petition Right could be divided into two categories, namely Petition Right having the nature of original right and Petition Right having remedial nature. The author studies the relationship between Petition Right and the original right from which it arises, and concludes that Petition Right is not independent from the relevant original right. The author clarifies the relationship between these two kinds of rights, which lays a solid foundation for the analysis of nature of Petition Right on Property. The author holds that the reason for the existence of Petition Right on Property lies in its nature of domination.In the second chapter, the author discusses the value of System of Petition Right on Property. By analyzing the difference and connection between Petition Right on Property and Petition Right on Damages in respect of infringement and Petition Right on Unjust Enrichment, the author, mainly from three aspects including purpose, exercising conditions and application, discusses the unique value of the Petition Right on Property in respect of protection of Property Right, confirming the importance of Petition Right on Property in the whole system of protection of Property of Civil Law.In the third chapter, the author analysis the categories of Petition Right on Property, focusing on the nature of Possession Protection Petition Right, Petition Right on Confirmation of Property Right, Relapse Petition Right and Petition Right on Cessation of Obstruction. The author holds the idea that Possession Protection Petition shall not be categorized as the so-called extensive Petition Right on Property. Petition Right on Confirmation of Property is not one kinds of Petition Right on Property, but only one kind of means adopted by Civil Law to protect the Property Right. With consideration of many different meanings the Relapse may have, the author defines the scope of the meaning of Relapse when it comes to Petition Right on Property. Considering the balance of interest between the person having Property Right and the person under relevant obligation as well as the harmony between System of Petition Right on Property and System of Tort, the author demonstrates in detail the reason why the Relapse Petition Right shall not be deemed as one kinds of Petition Right on Property. It should be categorized as a sub-category of Petition Right on Damages. Based on the analysis of Petition Right on Cessation of Obstruction, the author believes that it has been included by Restitution Petition Right on Property and Petition Right on Removal of Obstruction. In the fourth chapter, the author firstly analyzes the function of Perish Prescription, and then proves that Petition Right on Property should be subject to Perish Prescription. With consideration to the value of Petition Right on Property, the author conducts a full research on all kinds of specific Petition Rights on Property to find out what kinds of Petition Right on Property should be subject to Perish Prescription. In the end of this Chapter, the author conducts a simple research on Acquisition Prescription and concludes that it cannot replace the Perish Prescription for the restriction on Petition Right on Property.In the part of Conclusion, the author summarizes the major problems that the author intends to resolve through this thesis, and further explains the worth of this thesis.