Research On System Of The Right Of Real Claim

System of right of real claim, as the characteristic of Continental Legal System, is indispensable to law of real rights. Written law of right of real claim has been enacted in most of the countries featured with continental legal system during recent centuries. Not until the enactment of Law of Real Rights in 2007, unified system of right of real claim has not been established in China and relative discussion kept on for years. In this essay, the writer will probe into the right of real claim from the following points and discuss the newly built system of right of real claim in China.First, the concept of right of real claim is fully defined. According to the common view in theoretical field in China, right of real claim can be divided into three types: claim for original subject, claim for cessation of infringement and claim for infringement prevention. But in the writer's opinion, such classification is improper. It is better to classify right of real claim on the base of real rights protected and divided into claim for restitution, claim for interference removing and claim for interference prevention.The stipulation about types of the right of real claim in Law of Real Rights symbolizes the initial establishment of system of right of real claim legislatively in China. But compared with the related theories in countries with traditional civil law, system of right of real claim in China is incomplete. Therefore, it is very necessary to research on right of real claim, theoretically and practically.