On The Priority

Civil priority was originated from Roman law to fulfill the requirement ofpeople's life. It was accepted by many European countries in their civil laws suchas France and Japan. Civil priority is now a mature system which serves a specialfunction in the society. But in China it has long been ignored by the legislature,As a result, there is on systematical regulations in Chinese Civil Law exceptsome regulations on Aviation Law and Bankruptcy Law etc. Along with thedevelopment of guarantee system, the traditional guarantee system has appeareda few disadvantages, and it can't protect special right completely. With the perfectof our Real Law system, it is necessary to do some researches on the priorityright.This article firstly traces the origin of civil priority and it's heritance in theEuropean countries. And then analyses the functions and values of civil priority.It is a system that breaks the equality of creditors, protects the disadvantagedgroups and realizes real justice. Secondly, the article defines the civil priority andproves it's legal security property nature. By comparing with other securityproperty, the article comes up with the characters of the civil priority. On thebases of comparison of the civil priority legislation in other continental lawsystem countries, the article analyses the classification, the invalidity and thecisform of civil Priority. In the end, the article points out that within the civilpriority there are some conflicts of values and suggests limitations to this'privilege' to protect the security of transactions and balance the interests of allparties. This article consists of five chapters.Chapter one analyses the dispute on the concept of civil priority. The authormakes his choice and provides reasons. The article then traces the origin of civilpriority and it's hefitance in the European countries. In the end, the authoranalyses the functions and values of civil priority.Chapter two starts with the dispute on the nature of civil priority andanalyses the nature and characteristics of civil priority. In the end, the authorreaches to the conclusion that the civil priority is a legal security property.Chapter three focus on the classification of civil priority. Chapter Four examines the invalidity of priority. This chapter firstintroduces the content and cisform of civil Priority and then focuses on therelationship among different kinds of civil priorities and between the invalidity ofcivil priority and that of other security property.Chapter Five introduces the conflicts of civil priority's values. As a result,the author suggests that there should be some restrictions to the civil priority interms of the period, manner and condition under which it is applied.