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Preset Movable System Research

Posted on:2008-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:F L LuFull Text:PDF
GTID:2206360215973154Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It has been almost 3 thousand years passed since right in rem came into debut in Ancient Rome. During these thousands of years' history, many countries and regions have their customs adapting to their own characters, which could be the Customary Law of these nations or regions if ratifies. Meubles par anticipation is one of those customs, which in the source of ancient French Customs, is in relation to some customs of North France. It firstly means that the plant, growing to some extent, should be regarded as movable property. With the development of social life, French Civil Law, according to the utility of the property, modified some physical standard distinguishing movable and real property in order to apply to the economic lives. That according to the future state of property, endue real property with movable property legal status in advance, equals to meubles par anticipation. In the dissertation, the writer will discuss it from 5 parts.The first part is to discuss the concept of meubles par anticipation. Meubles par anticipation means that a certain property, which should be concerned as a real property, will be changed to movable property in the near future under some circumstances, thus law admit it into the system of real property in advance. Initially, the writer will analyze the characters and conceptual origin from its concept. Meubles par anticipation is the result of French Civil Law distinguishing real property and movable property in using of physical standard and value standard. Furthermore, the scope of meubles par anticipation will be analyzed. The scope of meubles par anticipation is not a concept which can be expended at random. Conversely, it must be limited in a certain area. According to the author, meubles par anticipation mainly involves four types: 1.plant growing to a certain extent while not been reaped yet; 2. forest not been felled; 3. mine to be mined; 4. buildings to be dismantled. Lastly, comparison and contrast of concepts between tneubles par anticipation and natural fructus will be taken place. Both have some similarities externally, however, their difference should not be ignored. The two concepts, from two different angles, describe the objects which have some superposition.In the second part, the author will focus on discussion on the types of property in the angle of comparison law in Continental Law system. Gernan Law, Japanese Law and Taiwai Law are taken for example to compare and contrast. Gernam Law takes strict principle of distinguishing real property and movable property, while without any superposition. While Japanese Law, on the base of German Law while absorbing a lot from French Civil Law, stipulates that forest on the ground, fruit on the tree have their own absolute property. Taiwan Civil Law regulates that forest cannot exist without the earth, but it made a great progress that from the case law, which is similar to Japanese law.The third part, as the most important part, will be focused on analysis to the value of meubles par anticipation. Firstly, the appearance of the concept of meubles par anticipation make conception system of conception law more consummate. Secondly, meubles par anticipation reveals the trend of real property being moveablized. Lastly, meubles par anticipation is valuable to reflect property's value in use.Then in the fourth part, the writer will analyze the conception of property alteration of meubles par anticipation. Under French Civil Law, real property being moveable, does not make any sense to a third party. However, meubles par anticipation essentially, cannot be denied since it does not have any effect to a third party.In the last part, whether it is suitable to introduce meubles par anticipation into our《Property Law of the People's Republic of China》will be discussed. From the tradition of law, our country began to accept the ideas from continental law since Oing Dynast. Moreover, introducing meubles par anticipation into our country can, to some extent, release some difficulties of appliance of principle of One Property One Right in current society. In addition, in the progress of transplant, some problems must be solved to ensure that it must be entirely in conformity with the appliance of our new《Property Law of the People's Republic of China》.
Keywords/Search Tags:meubles par anticipation, value, right in rem, property alteration
PDF Full Text Request
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