Right Statutory Study

Real right legalization principle are the types and content of rights can only be prescribed by law. They shall not be invented by the other regulatory documents. The civil rights is not created or changed by the way of agreements from freedom rights. This principle has been widely recognized and applied in most civil law countries and regions since it came into being. Every country treated the principle as one of the basic principles in the civil code compilation of a jus.However, with time flies, the reality and the economic life have changed.The new kind of property have gradually emerged, the rigid and the lag of the legal principles rights cause more and more concern. So the scholar has proposed abolished the real right legalization principle, to create the types and content of the property by the sense of freedom, that the only way in accordance with the civil law spirit. This can made property law applicable to the other civil law in jus.The article make analysis and research of the real right legalization principle, in the course of implementation of these issues, and is substantially in theory, by way of historical and comparative study method. The first part deals with the meaning of the real right legalization principle, and controversial content of the legal consequences; The second part of the article analyze the history origin and legal significance of the legal principles; The third part introduces the property of the legal principles in the legislation and practice for analysis and comparison between Germany, France, Japan,Taiwan region, the British and American countries and our mainland area; The fourth part questions the real right legalization principle, and summarize and analyze corrupt practices in legal principle. Analyze the improvement on the rights of the principle in most civil law countries and regions.Elaborate doctrines of legal weaken, including abolish,compromise and relaxation for theory. Proposal for the relaxation theory of the real right legalization principle may be a real possibility in china. The fifth part from the legal practice and future put forward ideas in the property that the relaxation theory of the property is feasibility. analyze transfeguaranty and the maximum amount of mortgage to prove the feasibility and possibilities for common law create property right. From civil law practice, the common law legislation as a source of history and tradition of law in old china. At the end of this article call common law create property right should be accepted, and relax the legal principles through explained widely, if not deviate from the absolute control and protection of property rights and have appropriate noticing method and it is necessary to society needs.