A Research On The Statutory Property

Statutory property rights is not in accordance with the meaning of the parties, but on the basis of legal provisions in the property directly. Legal property rights of "legal" with the statutory principle of property rights, "legal" in the meaning is different, should not be confused. Property law is jus cogens, the specific performance of the statutory property rights will happen to property or the reasons for the statutory change of. Although the extent of the property must change the meaning of the parties to a restricted degree of autonomy, but on the real implementation of the law of fairness, economic interests and the pursuit of order. On existing laws in our country, only a lien to be clearly defined as a statutory property rights. However, the type of legal property rights include not only statutory security interests, including the provisions of the law due to the fact that the direct acts of ownership to obtain. About our country the legal property rights legislation is not perfect obviously, to a certain extent the stability of the economic order, the transaction between the main substance of a fair and efficient use of materials have a negative impact. Therefore, I select the legal property of the system for research.The full text is divided into four parts:The first part is the analysis of the statutory property justice. First article on the legal definition of property is based on changes from the property to distinguish, where non-party agreement between two or more parties, that is, the parties are not based on legal acts between two or more parties, and directly by law to meet the statutory provisions at the composition of changes happen from time to time the effectiveness of elements of the property. Secondly, the article summarizes the characteristics of the statutory property rights, including: the reasons for the statutory changes in property rights, and property changes as well as non-public nature of the unity of the principle of autonomy. Third, the article on the legal property rights and legal principles of property rights comparison, the two are different in nature, like the different statutory and their property at a different position changes. Finally, through analysis, can be more clear understanding of the statutory property rights, it is the right type, but the cause of its cause by the direct provisions of the law.The second part is the legal property of the value orientation. The article first discusses the legal property of the substance of the pursuit of fairness. The fair value method can be divided into the substance of the form of equity and fairness, in essence, the fairness of formal equality requirements. Property rights such as statutory liens and priority, to abandon formal equality, and on the pursuit of substantive fairness, for workers in a weak position, as well as other civil rights the subject of civil special care and protection. Secondly, the article discusses the legal property of the value of the pursuit of economic interests, mainly including two aspects: to enhance the efficiency of the use of property and preservation of the value. Again, the article discusses the value of legal property rights to the pursuit of order, including the stability and order and harmony. Statute of limitations such as access to the system can determine the third person and possession of the legal relationship between the people in order to avoid conflicts and disputes; a priority system to break the form of equality so that a harmonious social order can be protected.The third part is the type of legal property rights. Legal property rights, including the types in the end, scholars have been at any definite conclusion. First of all, beginning from the Roman law article, Example introduce national legislation on the existence of the statutory property types. Secondly, the article discusses the behavior due to the fact that the statutory property happened. Happened due to the fact that the property acts solely in accordance with the law changes in the direct provision of the agreement without the parties, so be classified as legal property rights, including the first account, accretion, the Lost Lost, found and made the buried statute of limitations and obtain ownership. Third, the article discusses the statutory security interests, including priority, liens, and statutoryStatutory mortgages the right quality. Finally, the article discusses the security interests of the quasi-legal means the provisions of the law or the particular transaction in order to protect the security or policy-based factors to give a right to "the effectiveness of property rights", the property is not complete, including neighboring relations, statutory rights and in accordance with the law on the ground House decision, the executive instructions of the property happened.The fourth part of property law in our country the legal property of the reflection and reconstruction. First of all, the property law of our country in the development of the statutory property rights to reflect the status quo. Act on the basis of facts of the case title, the provisions of legislation in our country very little. Current legislation does not recognize the result of the first accounted for, accretion, the Lost Lost, found and timeliness of Buried made to obtain ownership of the system, a security interest in our country for the statutory provisions of the lien only clear, but the scope of application of lien priority and the system itself also lack of existence, if made in good faith lien system and the elimination of the system is not perfect. Property rights legislation can be seen on our country the legal property rights system are lagging behind the need for the type of supplement. Secondly, the article discusses China's Property Law in the Reconstruction of the statutory property rights. 1 believe that accounts should be established first, accretion, Lost in Lost, the discovery and Buried usucapio system, help to set only differences between the use of materials and improve efficiency. A security interest in the statutory context, it should be conducted to perfect the lien system, the priority system set up simultaneously.