On The Principle Of Numerus

The doctrine of legal property is also called the principle of real laws. Since the Roman law was applied,it has been applied by the mainland law system and never been changed.And it is thought to be one of the most important principles in the national law of property of the mainland law system.But the doctrine of legal property has its intrinsic limitation,so the doubt towards it has long been accompanied with its development. Especially since the entry of the twentieth century,it has been one of the principles that are criticized most in the law of property.The doctrine of legal property is thought to have got into puzzle dom.Breaking its ossification,easing it and establishing the open real property system seem to be a fashion theatrically.Combined with the practicality of our country's real law,this thesis defines the context of the doctrine of legal property,analyzes its history and believes that the doctrine of legal property comes to establishment with the formation of the dual property system of the right of property and the creditor's rights.The dual definition of the right of property and the creditor's right is the theatrical base of the doctrine of legal property.The doctrine of legal property is not universal phenomena of the mainland law system,but only typical phenomena in the civil law compilation of pandekten,and it only exists in the law of property of German countries of traditional civil law.The fourth part of this paper talks about the necessity of the easing of the doctrine,introduces the universal methods of solving the shortcomings towards the doctrine in different countries,analyze the concerned theories of the easing of the doctrine,and raise the concrete ways of the easing.The final of this paper brings out the simple analyzation towards the doctrine of our nation's and raises a few thoughts that could be met with the doctrine afterwards. The whole passage is consisted of five chapters.For the first chapter, it tells the context of the doctrine;For the second chapter,it is about the origin of the doctrine and its theoretical base;for the third chapter,it is the analyzation of the balance of the advantages and disadvantages of the doctrine;for the fourth chapter,it is the easing of the doctrine.For the fifth chapter,it is the analyzation and the thought of the doctrine of ours.