| Usufructuary right, as a property form used to adjust property use, comes into being and develops as a result of solving the practical contradictions of property ownership or property use. Usufructuary right system plays an important role in the whole property law system as well as property management in our daily life. The rules of usufructuary right not only meet the needs of non-property owners who wish to make use of other’s property, but also exert considerable influence on China’s social and economic development, rational use and effective allocation of material resources. Perfection of usufructuatry right regulations will facilitate the completion of China’s legal system, more adapt to the needs of market economy, and promote social stability and orderly economic development.Significant defects exist in the current usufructuary system designed on the basis of the traditional property rights theory. In Section117of the’Property Law’, usufructuary right holders shall be granted the right to possess, use and benefit from others’chattel as well as real estate. In principle, the law in our country has acknowledged the legitimacy of the chattel usufructuary right, but there is no related specific provisions corresponding. Besides, strict restrictions on property rights in’Property Law’ make it difficult to apply chattel usufructuary right to chattels. Traditional property right theory suggests that disposition is the exclusive right of ownership, and that usufructuary right does not involve disposition, which results in the phenomena that non-property owners in the social life cannot find a legal basis for using others’ property, and usufructuary system, lacking in unified rules and principles, comes to be messy. Therefore, to improve the usufructuary system is imperative.Section117in ’Property Law’confirms the chattel usufructuary right by using the property rights statutory doctrine in a broad sense, while Section5prescribes the types and contents of property right strictly. This leads to the conflict between property right legalism and extension of usufructuary object. Therefore we should interpret Section5and Section117with the consideration of the actual need of the reality, and attach equal importance to property and its ownership with the grasp of new features of the times as the separation of property ownership and property use is an inevitable trend in modern property development.’Property Law’should build usufructuary right system on a basis of equal and independent property rights concept. In macro sense, unified system should be established and perfect the type of usufructuary right, involving right related to typical chattels such as asset management right, resource occupancy right by summarizing the general rules and principles of the usufructuary instead of enumeration. It is fairly common in modern society that non-property owners make use of others’possessions. Only they are entitled the right to dispose the property can normal business be caried out. Hence usufructuary right’s form should be improved, and owners with usufructuary right can enjoy the right to dispose the property under permission from the law or the parties. |
