Right Statutory Study

The principle of statutory real right comes from the ancient Rome .As one of the basic principles of law of rights over things, it has guiding significance for the whole action of legislation, enforcement, judicature and obeying of the law .But since the 20th century, the rationality of this principle has been challenged by the theory and code sector, and many new theories have been formed. Before the appearance of the law of rights over things in China ,the research for it has very important significance in china.In this paper ,the author uses the historical analytic method and comparative analysis and other research methods ,draws the legislation experience of other countries and the Taiwan, and verificates by unifing the actual situation of our country.From the development history of the principal of statutory real right in France, Germany Japan and Taiwan district,the author explains the basic meaning of this principle firstly ,and analyses its rationality and limitation. The principle of statutory real right has been used by now, and it sufficiently explains the rationality of its existence. But, this principle is by no means perfect and complete, in view of its limitation, the use of "the real right legal relaxes said" -by the lenient explanation method, approves the custom in the certain degree which the society needs. From this way, it can not only satisfy the need of society development, moreover can maintain the law authority.As one of the basic principles of the law of rights over things, it does not violate the autonomy of private law. Furthermore, it is a close relationship between the autonomy of private law and the principle of statutory real right. The autonomy of private law is the foundation of the principle of statutory real right and the aim of the principle of statutory real right is to achieve the autonomy of private law. As the distinction and opposing claims between two principles, the law of rights over things should adopt the principle of statutory real right, and the law of obligation is easy to use the principle of the autonomy of private law.The principle of statutory real right has guiding significance to the enactment of the law of rights over things. Restrictions of this principal on the types and content of real rights...