China Usufructuary System Research

The establishment of Civil Code of China has been the focus of the theorists and the legislature. As one of the very important part of Civil Code of China, usufructuary right has attracted many scholars' attention. In the draft of Property Law and Civil Law, there are many different opinions on how to form the system and structure of usufructuary right.As the real rights form that regulates the use of property, usufructuary right has very important social functions since it is an approach both to carry out ownership and to fulfill the need of others. As the defects of the system of usufructuary right in our country mainly concentrate in the systematic and the structural aspects, which is also a difficult point in the legislation. From the point of view of how to restructure the system of usufructuary right in our country, this article analyzed the legal structure and function of the usufructuary right and compared the system of Germany, France, and Japan with that of our country. This article concluded the beneficial revelation for the construction of the usufructuary right law.This article contains four parts:The first part studied the definition and function of usufructuary right. Firstly, it generalized the content and characteristic of the system of usufructuary right, and pointed out that usufructuary right is one of the property rights, the purpose of which is the uses and incomes of the property of other persons. Its main contents are the uses and incomes of the objects; its premise is the possession of the object. Most of their objects are real property, and the characteristics of dependence and terms are obtained.The second part, from the point of the comparative laws, studied the regulation of the ufructuary right of the main continental legal system countries and Taiwanese region in our country. It concluded some revelations in how to establish well the system of usufructuary right: Firstly, the usufructuary rights are of the established laws. Different countries have their own features. Secondly, we should establish a system of the usufructuary right, which has the open-door tendency.