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Discussion Of Real Right Tendency Of Creditor’s Right

Posted on:2015-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
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In the Japanese civil law’s system, land-leasing right and house-leasing right are typical "real-right-like"creditor rights. Japanese civil law code insist in dualism that land-leasing right has the character of both real right and leasing right. Since house-leasing right doesn’t have the characteristic of real right, it is thought to be part of leasing rights. However, house-leasing right has similarity with land-leasing right in the aspect of way of changing. It follows the principle of perfection and has potency of real-right. In China, regulations, like’Real Right law of the People’s Republic of China’;’Law of the People’s Republic of China on Urban Real Estate Administration’and’Premises Registration Methods of Urban-Rural Development Ministry’, all regulates that perfection of leasing right is almost like registration. There is no deep discussion and specific designing of methods. Based on the analysis of Japanese land and house lease law, this article have some regulation planning for real right tendency of creditor’s right in China.In the first part, there is an inductive research of regulations concerning land and house lease law on the foundation of laws established after Meiji restoration. Through the history of land and house lease law, the reasons and necessity of its real right tendency are talked about.In the second part, by dividing statutes of land and house lease law into creditor’s terms and property provisions, the designing principles of the land and house lease system are discussed. The principles are partial restrictions of rights and obligations of unilateral or bilateral parties.In the third part, basing on the comparison between the real right tendency of creditor’s rights and traditional real and creditor’s rights, its status as a new kind of property right is summarized. There is also exposition of its content and significance of social development.In the forth part, on the foundation of the Japanese experience of law of land and house lease, there are some suggestions for the amending’Basic Housing Security Decree’ about the changing of habitatio and leasehold, as well as the land contracted management right and the rural homestead right of use.
Keywords/Search Tags:real right tendency of creditor’s right land-leasing right, house-leasing right, the third type of property rights
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