Legal System Of Priority Research

Priority is from a foreign word. Its original text is "privilegium" in Latin and "privleges" in French civil code. Japanese scholars generally translate it into"先取特权". Social need realized by priority system objectively exists in any market economical society, but the choice of law system realizing these functions is diverse. Taking France and Japan as representatives, some nations' civil codes include this system, making it become one independent member of the system of guarantee real right. But the civil codes of Germany and Taiwan of China do not make provisions about it At present China is stepping up the establishment of the real right law. The disputes about whether to make provisions on this system in the real right law not only exist in the theory but also in the lawmaking project. Meanwhile, the current research about the theory of priority system in our country's civil law cannot meet the need of real right lawmaking practice. The thesis tries to carry on an investigation about this system from the historical origin and development of priority system, especially from the designing of priority and related theoretical problems in Japanese civil law in order to put forward some beneficial research for the priority in our real right lawmaking.This text is divided into three parts.The first part The summarization of the priority. Introduce the concept and the historical origin and development of priority system in detail. Priority is from a foreign word. Its original text is "privilegium" in Latin and "privleges" in French civil code. Japanese scholars generally translate it into"先取特权". As an ancient law system, the priority system originates Rome law afterwards streaming into France by means of Italy and valued by France. The priority system is established in French law. Following French civil code, Japanese civil code adopted priority with its own characteristics and reformed a perfect guarantee real right system.The second part. The analysis of Japan's priority system. First in the light of related systems in French law and German law, the author introduces and analyzes the design of priority system and then analyzes the lawmaking background of priority system in Japan in the theory of lawmaking value tropism. The author explains why Japanese civil code adopting...