A Study On The Right Of Priority

As a right, priority originated from Rome Law, established by Civil Code of France and become a perfect system by Civil Code of Japan. There are many contents of priority in our country, but all by the methods of special legislation. As a result, there are many problems in this area: relaxation in contents, some items of priority conflict each other. All of these are disadvantage to carry out the law. This paper is to study on the important aspects of priority, combining with our country's own legislation and legal practice, by the way of historical analysis and comparative analysis.The paper is divided into five chapters.The first chapter is the basic theory of priority. This part mainly reviews the basic theory of priority, including its evolvement, characteristics, sequence, function, its legislative reason, and its legal effectiveness. After that, we should have an impersonal view about the value and development course of priority.The second chapter studies on the topic of the priority and the principle of property publication. At this part, the main conclusion is that we should stipulate the methods of property publication for priority, and make it the condition of legal effectiveness to any third-person.The third chapter is on the main contents of priority in our country. Through this part, according to the basic theory of priority, we make a pectination to the contents of priority in our country.The fourth chapter is to have a comment on the disputed focuses of priority in the process of The Property Law in our country.The fifth chapter is about construction of priority as a law system in our country. The aim of this chapter is to discuss the essential contents and legislative design of priority, in order to be beneficial to the construction and perfecting the system of priority in our country.