Criticism Of The Status Of Security Of Right In The Real Right Law

Security of right is a security of property right except for ownership. As two main different types of the continental law system, the French law and German law divide the security of right into mortgage of right and pledge of right by respective reasons. However, by comparing different positions where the security of rights are in the continental law system, the author tries to reveal defects caused by the position where the security of right is in the civil law system, then offers up suggestions that the security of right should be excluded from the real right, and that the mortgage of right and pledge of right should be merged into a separate security of right system, and finally formulates its special legal system in accordance with different natures of properties. By doing so, the author believes that the security of right will recover its deserved status, not get tangled with mortgage and pledge, and the adjusting object of the real right law will be more accurate and clear. Also, the space for development of the security of right will expand much more greatly.This essay is comprised of three parts except for the preface and conclusion.Chapter one: This part is about the evolution of the status of security of right in the continental law system. And then the author analyzes its provisions, causes together with its tendency. By comparison, the writer holds that through its long-time evolution, the security of right system has not only had its status elevated, but also formed a relevantly mature system. And its contents have become more systematic.Chapter two: In this chapter, the author mainly discusses theoretical and practical dilemmas caused by the understanding of the status of security of right Chapter three: This chapter is about a brand-new understanding and reconstruction of the status of security of right in China. First of all, the scientific orientation of security of right shall be confirmed. Secondly, the writer makes some suggestions about improvements of security of right based on the understanding and stipulations of security of right in China, hoping to benefit the construction of the civil law code in future.