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On The Real Right

Posted on:2014-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z L WuFull Text:PDF
GTID:2266330401469622Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In order to discuss claims of Real Right comprehensively and deeply, this paper works on the issues in four main aspects:the Ontology, Relationship between the different Claims of Real Right, Relationship between Claims of Real Right and Claims of Obligatory Right, Practice cases.The system design on claims of Real Right based on the claims of Ownership which include the right of Claim for restitution, Nuisance removal right and right on prevention against interference. That claims of Real Right based on jus in re aliena apply the rules of Ownership. In addition, generalized Rights of claim of Real Right include Claim of possession protection. In corporation to the rules of Real Right Law, it can be found that all the Rights of claim of Real Right have characteristics of themselves. The relationships between them are also different. Analysis on inner concurrence of Rights of claims of Real Right, concurrence between Rights of claims of Real Right and Claims of Obligatory Right announce the importance of legal fact. The differences between Rights of claim of Real Right and Claims of Obligatory Right decide that Rights of claim of Real Right can not be replaced by Claims of Obligatory Right.By means of statistic analysis of mass cases claims of Real Right, the result reveals that there are some matters, such as judicial basis undefined, obscure way to deal with the concurrence of claims, and manage in Obligatory system and so on.
Keywords/Search Tags:claim, obligatory right, sorts of Rights of claims Real Rightconcurrence, empirical analysis
PDF Full Text Request
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