From The Classification Of The "new Debt" To The Structure Of The Civil Code

Commencing with construe to the concept and hypostatic analysis of the obligatio , and carrying on the new classification to the obligatio in order to correspond the point, this essay re-examined the property and categories of the legal right of the obligatio with brand-new view , and resolved the theoretic difficult problems reasonably something like the behavior of the real right, which some others also call as the real right contract . This essay also made criticisms on the point of the obligatio-right is property right and the thought of the de-obligatio , so that to support the completecasion about the concept of obligatio and the system of the obligatio-law since the Rome-law , particularly , since the German-law. Baseing on the new classification to the oblitio and the property of the right of the obligatio , this essay also divided all the civil rights into three major types say the Right In Seat , the Right Of the Contraction and the Remedial Right .Thereby , a totally new academic theory system of the civil law comes out . What is more , under the principle of the run phases of the law , we may take the Seat Law , the Contract Law and the Remedy Law as the direct basis the content structure of the future Chinese Civillaw Code. So we can draw a precise and scientific civil law code directly on it.