Research On System Of The Right Of Real Claim In China

Property rights claims system is a unique civil law system, which designed to protect theRight holders fully enjoy and exercise the property rights. Although the civil law code notclearly defined the system of property rights claims, but having the Substantial provisions.But the system is an important part of the Property Law, and it is very important in the systemof property law. China’s Property Law in the Property rights protection Chapter provides forthe right of returning the subject matter and so on, which forms the basic framework of thesystem of property rights claims. Although the law provides for a system model of propertyrights claims, but there are still many unresolved issues. In this regard, scholars continue toexplore how to make the claiming rights of real right continuous development and moresophisticated. I always attach great importance to the system of property rights claims, andthis article is part of research experience of the author. In order to explore the system with thescholars, not only obtaining the progress together, but also enabling more people to learn tomaster property rights claims system, I raise the awareness and understanding of the systemof property rights claims.This article is divided into three parts, namely introduction, body text and conclusion.Introduction Point out that the importance of property rights claims system and its manydisputes in China’s theoretical circles, indicate the need to study.The text is divided into three parts, Mainly Describing the property rights claims fromthe following aspects. Firstly analyze of the basic theory of property rights claims system,elaborate the origin of the concept of the property rights claims system, put forward the viewsof the author’s point in many scholars’ different points about the property rights claimssystem’ concept; briefly descript of the nature and characteristics of property rights claims,analysis its nature to pave the way for later elaboration; elaborate the classification of thesystem of property rights claims, clarify the classification of the system in order to conduciveto claim about the applicability of the Limitation of Actions. Secondly comparative analysisof the system of property rights claims and other claims rights, mainly with creditor claims,damages claims in tort law, possession of protection claims. Understanding of the creditorclaims, damages claims in tort law, possession protection claims, I hope have a deeperunderstanding of the necessity of property rights claims system as an independent legalsystem. Finally, I give a comprehensive analysis of the property rights claims system applicable the limitation of action system or not, tell the origin of the limitation system,confess the limitation system’ ins and outs; Rendering the dispute of property rights claimssystem is applicable to the limitation of actions or not, views and ideas of scholars andcomparative law analysis; explain if property rights claims apply to the limitation of action,which have reflects of advantages and inevitable trend. On this basis, proposing the author’spoint of view, Property rights claims apply to the limitation of actions should be specificanalysis, namely return of the original claim applicants of the limitation of actions in overall,but there are specific cases, the special treatment. Without the statutory registration ofimmovable property claim for restitution does not apply it, restitution claim is also applicableto the statute of limitations, Removal of obstacles and eliminate the risk of claims does notapply to the limitation of actions.The conclusion, through the body part’ discussion, I obtain property rights claims’concept, nature, and relationship with other claims, and give the conclusions of applicabilityof the limitation of actions and how to apply.Although this article is the article of a Theory discussing property rights claims, but Ihave been seeking the attitude of truth from facts and logical thinking of the law to analyzethe problems. I adhere to the guidance of the legal value and the spirit of the law in the issuesrelated to the conclusions. Property rights claims system is the core system in civil legal rightto protect the property rights. It is playing an important role in fully effective to maintain thesecurity of transactions, to promote the objects value, to maintaining social and economicorder. Although the article is theoretically discussing property rights claims system, but inpractice also requires the continuous development and improvement of this system. Therefore,both in theory and in practice, research property rights claims system are very necessary.