Evaluation Of Property Rights

The legal doctrine of real rights triggers criticism of its limitations on the content and category of real rights against the prosperous emergence of new type of rights. Scholars who are for the autonomy of real rights firstly claim that as credit penetrated with real rights and real rights penetrated with credit evolve, the separation between them that functions as the theoretical foundation of the legal doctrine of real rights has been ambiguous, which making agreement real rights be possible. Furthermore, the limited property rights has swelled out of economic benefits and its depletion towards ownership, leaving ownership meaningless and protection of relevant parties deficient. Lastly, the perfection on the publication system is also feasible by applying registration system to movable property and registration antagonism to both immovable and movable property.However, the above assumption obviously neglects the functional meaning of the legal doctrine of real rights as an exception of autonomy of private law, which is ensuring the nature of real rights by fixed real rights system and guarantying the trade safety through publication system.In detail, the real right illustrates the condition of property, which only evolves with credit in circumstance of transaction. Thus, new types of rights that are combined with both shades are inevitable; let alone the reasonability of the dichotomy, and the autonomy of private law should be interpreted under current law, thus making itself consistent with the legal doctrine of real rights.Likewise, the development of limited real rights should be elucidated under framework of the legal doctrine of real rights, rather than a breakthrough. Also, there’s no chance for an infinite expansion because it would face controlling factors such as organization environment, legalization process and economic efficiency. Meanwhile, the depletion towards ownership is superficial, deep down in ownership lays a right to control superior to the limited real rights, which does no harm to ownership.Last but not the least, the standardized arrangement of real rights, assisted with registration system, functions to protect transaction safety. However, the registration system under the autonomy of real rights has instinct logical problem, for instance, the infeasibility of movable property registration and registration antagonism. Also, from perspectives of cost theory, the autonomy of real rights is confronted with high measurement cost and system cost, which will lead it to the non-efficiency condition.In conclusion, the autonomy of real rights has not been equipped with sufficient reason to replace the legal doctrine of real rights. Recklessly focusing on deficient and fake theories, rather than analyzing the meticulous logic inside the legal doctrine would eventually collapse.