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On The Property Rights Of The Object

Posted on:2012-11-23Degree:MasterType:Thesis
Country:ChinaCandidate:G Y ShiFull Text:PDF
GTID:2216330371955444Subject:Civil and Commercial Law
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This paper consists of three parts: introduction , text and conclusion.The first part of the text is the one of objects of right in rem : things . By investigating and analyzing of the scope of the objects of right in rem. This article holds that the scope of the object is growing , which mainly includes the following components : Firstly, the physical substance of the traditional rights of the rem that must be able to occupy space and being perceived through the senses ;Secondly, the force of nature that can be controlled and used , such as electricity, hot,sound,light,magnetism,Thirdly,currency and the property rights of security, such as bills of lading, certificate of deposit, warehouse receipt, stocks, bonds. Their common characteristic is that the essential material.The second part discussed the another object of objects of right in rem:Specific property rights which can also serve as the object of pledge of rights,They are clearly not up to the property of objects of right in rem, and pledge of rights will lead to conflict with traditional fundamental system of rules in the property rights . The author tried to think about the property and the orientation of pledge of rights. By comparative analysis and historical investigation ,this text thinks the pledge of rights on basis of the intellectual property rights and accounts receivable have gone beyond the traditional objects of right in rem.But they belong to the larger category ,named the right about things. Our law puts them in proprietary right, which is needed on the benefit of systematism and saving the resources of legislation. The third part of the text is the reading and analyzing on objects of right in rem .Things is not definite in The article two of the law of real right of our country ,which point out its scope, including movable property and immovable property, besides, specific property rights. Movable property and immovable property is classification for the entity . Some of the property rights, such as intellectual property rights and accounts receivable, may be the objects of pledge of rights . However , they belong to the categories of guarantee jus in rem , which is needed to the benefit of systematism, stereotype and saving the resources of legislation.In short , the rules about objects of right in rem of our country have certain property of forward-looking , openness and practicality .
Keywords/Search Tags:objects of right in rem, things, physical substance, invisible object, pledge of rights
PDF Full Text Request
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