The Application Of Claim Of Real Right

In this paper, on the basis of the nature and notion of right of claim for real rights, the dissertation attempts to make an all-round exploration of the issues related to the right of claim for real rights by normative research with positive study.Apart from introductory and concluding remarks, the dissertation consists of three parts.The first part is the nature and notion of right of claim for real rights. This part examines the origin of the claim system, and found that the right to claim relief is the foundation the right to claim the relief of the extension of the field in the property, resulting in the relief property rights, thus led to right of claim for real rights, and to define the concept of right of claim for real rights, analyzing the nature of right of claim for real rights has laid a logical basis. On the basis of exclusion of confirm the right of property and restitution claims, the application types of right of claim for real rights includes right of claim for recovery, right of claim for removal of interference and right of claim for prevention against interference.The second part is the application types of right of claim for real rights. This part addresses the application types of the right of claim for real rights focus on concrete regulations with their respective component parts, content of legal force and the obligation for providing evidence.The third part is the right of claim for real rights to the relation with the other types claim. This section analyzes the various types of property claims in the application process with the possession of the protection claims, the contract claim of unjust enrichment claim, damages, claims the relationship between the competing, expectations for the property in the between the right to choose to exercise the request to provide theoretical support.In property law right of claim for real rights have been clearly defined, this article claims the study of right of claim for real rights point of view is not based on ownership of right of claim for real rights and property of the property based on claim of this classification carried out, but the entire property right as the support with a point of view.