The Civil Priority Right

The item "priority", in term of civil law, is mean that the priority in compensation that the claimants of certain special financial claim enjoys on the part or all of the debtor's property. Priority system originates from Roma laws and developed in Europe. It is prescribed in the civil codes of some continent countries as France .As an old "privileged" system in the history of civil law, it reflects the legislative policy of a nation and shows the principles of law, equality justice and uprightness.This essay consists of five chapters. The meaning of theory and practice for studying on the issues is mainly clarified in thesis' introduction. Priority is a traditional real right for security, many countries have set the legal mechanism of priority, but the study on priority in China is still inadequate, much disputation was around on the question that whether we should establish the priority mechanism. Therefore, the studies in this field have significant meaning in theory and practice.The first chapter mainly deals with the significance, nature and sketch of development history of the "priority". Under the circumstances of reviewing definition of priority ,I put forward the circumstances of reviewing definition of priority from the point of view of legal law real right for security, analyze the foundation of priority mechanism and legislation, explore some issues of legal property of priority and review the privilege origin and its evolution in overseas legal mechanism. Priority system originates from Roma laws. Some priorities, like priority in taking back the wife' dowry, the priority in compensation appeared in the early stage of Roman laws. Some of them have developed in to the right of legal mortgage or right of pledge. Different countries inherit priority system to different degrees Trance and Japan, with their particular chapters in their civil codes that prescribe the priority, are regarded as the most derivative countries. In German civil code, priority, with some similar items to those in order countries is regarded as a kind of right of pledge, however, is not considered as an independent right.In chapter two, referring to other countries' related legislation and theories, the thesis takes thoroughly compared study in the priority's category and items, the limitation of priority, the order of priority and the concurrence between priority and other real right for security.Based on commenting our country's priority status quo, the last chapter reviews the priority status quo and the analyzes the possibility and necessity of establishing priority mechanism. According to the present needs and the situation of our country, some suggestion on establishing priority mechanism for real law are put foreword for taking precautions.