The Study Of <Civil Law~* Property Law Of Republic Of China> (1928-1949)

<Civil Law* Property Law of Republic of China> was enacted On November 30th, 1929 and enforced on May 5th,1930 by the central government in Nanjing. As the first official promulgation of the Property Law enforced in the legislative history of modern China, to review and study it undoubtedly has extraordinary significance on the construction of today's property law. In early 1918, eleven years before the enactment of <Civil Law* Property Law of Republic of China>, a civil and commercial survey all over the country began. This huge survey of civil and commercial practices rose in the winter of 1917, began in early 1918, took almost four years and ended in around 1921. The survey was in the charge of the Justice Department of Beiyang government at the time of early Republic of China, the survey was well organized, cost countless human and material resources, and obtained abundant materials. As an important part of the survey, the survey of real right's customs also acquired impressive results. The civil and commercial survey in the early Republic of China, together with the civil and commercial survey in the late Qing Dynasty, constitute the two gorgeous landscape of the early 20th century and have a very important impact on the civil and commercial legislation at those days and later. This study will focus on the results of real right's customs to reveal the attitude of the <Civil Law* Property Law of Republic of China> towards the materials of civil and commercial survey in the early Republic of China through the study of <Civil Law* Property Law of Republic of China>'s text and operation. Next, this article will analyze the relationship of the customs of property rights and the law of real right in the fields of the text and operation separately and discuss the reasons why <Civil Law* Property Law of Republic of China> have choices among the customs of property rights. As <Civil Law* Property Law of Republic of China> is only operative in Taiwan Province of China after 1949, the scope of this study will be strictly limited from 1928 to 1949.1n order to make a brief appraisal to <Civil Law* Property Law of Republic of China> at the end of the paper, this article will also touch upon the amendment of <Civil Law* Property Law of Republic of China> made by Taiwan Province of China. This paper will be divided into six chapters. The first chapter summarizes <Civil Law* Property Law of Republic of China>,it is firstly pointed that <Civil Law* Property Law of Republic of China> is the outcome which hinges on Property Law of<Draft Civil Law of Qing Dynasty> and <Draft Civil Law of the Republic of China>,then it focuses on the background,the process and the content of<Civil Law* Property Law of Republic of China>;The second chapter summarizes the civil and commercial survey in the early Republic of China, the focus of the second chapter lies in the background,process,organization of data and real right's achievements of the civil and commercial survey in the early Republic of China; The third chapter will study the text of<Civil Law* Property Law of Republic of China >in detail, this chapter emphasizes on the absorption of customs of property rights in the text of<Civil Law* Property Law of Republic of China>,the text will be divided into four parts in analyzing the relationship of the customs of property rights and the law of real right among the textual fields, they are the theory and system of real right,ownership& occupation usufructuary right and real right for security. The materials this chapter uses include the legal text and legislative reason of <Civil Law* Property Law of Republic of China >and interpretations made by Supreme Court or Judicial Yuan of the day from 1928 to 1949. The fourth chapter will study the practical operation of<Civil Law* Property Law of Republic of China> at length, the key point of this chapter is the attitude towards customs of property rights during the judicial practice of<Civil Law* Property Law of Republic of China >from 1928 to 1949, the materials this chapter uses are the main ideas of judicial precedents concerning the property law made by supreme court of that day from 1928 to 1949. The fifth chapter will summarize the analyze the reasons why <Civil Law* Property Law of Republic of China> have choices among the customs of property rights; The sixth chapter will look back at<Civil Law* Property Law of Republic of China >and evaluate it briefly through the amendment of <Civil Law* Property Law of Republic of China> made by Taiwan Province of China. In the epilogue, this article will try to dig out the references that can be used for our perfection of property law now from <Civil Law* Property Law of Republic of China>.