The Research Of Legal Nature Of Real Property Leasehold

Generally speaking, the countries of the civil law system set leasehold inthe part of obligatory rights and make leasehold against the third person. Thisis the phenomenon real right of the leasehold. The trend is that leasehold havelegal effect like property right increasingly. Then the controversy on the legalnature of the leasehold generated.In this paper, the construction of real property is discussed for the focus.By comparing the study of China and the foreign countries, analyzing thecurrent status of real right of real estate leasehold and our current law in thepresence of the problem and putting forward the real leasehold propertyconstruction proposal and understanding the nature of the real right and theobligatory right and Clarifying the civil law system of property rights, thencontribute to Solve problems on the lack of protection for the tenant.In the first part of the paper, the meaning of the leasehold property isdefined and the provisions on real estate leasehold are sorted. Then I study theprotection of real estate leasehold and grasp the nature of real estateleasehold.The second part is an overview of the real right of real estate leasehold.First I define the meaning of the real right of real estate leasehold. Secondly, I analysis the reason of real right of real estate leasehold. Then I analyze thereason why the real right of real estate is not defined as real right in currentlaw.The third part, our current law on the nature of real estate leasehold andjudicial practice performance are criticized. According to the law in ourcountry and life practice in the relevant performance, I point out the problemon the protection of real estate leasehold and find the way to solve theproblem.The fourth part is the construction on defining real estate leasehold asreal right. Through the analysis of the existing historical background, and withempirical analysis and economic analysis, I demonstrate the possibility andnecessity of defining real estate leasehold as real right and propose theappointment on real right construction.