On The Claim Of Real Right

The claim of real right is important content of real right. To study the claim ofreal right can not only contribute to protect the owner of real right effectively ,but also contribute to lay down the law of real right and guide the practice of our country.The claim of real right has been studied by the scholars throughout the world, especially in the countries of the continental law system .The scholars all involve the claim of real right when they study the effect or protection of real right, but their level are quite different. Relatively, the study of German scholars on the claim of real right reaches a very high degree which is reflected in the German Civil Law. It has exerted a very important influence on the civil law of the other countries. With the development of reform and opening-up, the scholars of our country in mainland have made some advances in the study on the claim of real right. The promulgation of the "PRC Property Rights Law," indicated that China's property rights theory and practice risen to a new height . However, our study degree on the claim of real right is superficial because the relevant history is too short.In my thesis, I have mainly studied the concept of the claim of real right and analyzed its properties. I think the claim of real right shouldn't be regulated by lawsuits time limitation .I have also differentiated the claim of real right from that of obligatory right, and further more I have related and analyzed the concrete content of the claim of real right. At the same time, I have a specific demonstration on the claim of possession protection.This thesis consists of four parts: Firstly, On the common theory of the claim of real right. Part of the nature of property rights and the concept of the right to request for an in-depth discussion; Secondly, the claim of real right based on ownership; property and the right to request the final essay based on tort claim, the right to request the return of unjust enrichment. At the request of the contract the right to request the right to claim on January 1, the request to deepen the understanding of the right to property. Second, ownership of property on request; This paper analyzes the right to request the return of all materials, All material prejudice to the right to request exclusion request to prevent prejudice to the right of ownership and the third type of the concept of the right to request, Elements and effectiveness, and the related concept of a comparison. Thirdly, the claim of real right based on the claim of the other real right. This part of a security based on the usufruct rights and the right to request the specific type of nuanced exposition. Lastly, on the claim of possession protection.. Possession of articles for the protection of the right to request all types of concepts Elements exposition will occupy the protection of the right to request the right to request a comparison with the property.