An Economic Analysis Of Principle Of Statutory Real Right

Now it is limited that the form of combined research of legal theory of property rights and economic theory in China.Actually the property law can be relative with lots of social subject. The finding may be different if you research problems with the view of relation and development. Economy is contained in economic base and the law is contained in the superstructure.They react with each other and grow continuously. This article will demonstrate them from the methods of economic analysis, the relationship between economic analysis and property law, an economic analysis of the principle of statutory real right and the principle of real right, the significance of economic analysis on Chinese property law.The first part introduces the basic connotation and core idea of the Coase theorem.In some certain circumstances, the transaction costs incurred during the property rights transaction and the waste of resources can be controlled spontaneous by the adjusting of the market mechanism, so as to achieve the optimal allocation of resources state. The basic method of applying Coase theorem is to analyze the legal behavior in order to achieve the rational allocation of resources, and the social costs of law, external costs and transaction costs control in the lowest state as much as possible, the consequence of the Kos theorem’s right is, after the legal property rights, no matter which side owns the right,it can increase social welfare.The second part mainly introduces the relationship between Kos’s theorem and the property law, it is an economic tool for analysing property law theory, it becomes the bridge of communication between law and economy; at the same time, since the property right is definite, resources will transfer to the highest value owner, as law direct the allocation of resources to the highest value owner directly. This further illustrates the dialectical relationship between the Coase theorem and the property law. The legal significance of Kos’s theorem is that we learn to use the law regulate property ownership in order to obtain the maximum benefit, but also pay attention to legal norms established in the form of resource allocation fairness between the members of society.The third part mainly introduces the specific application of Coase theorem in the law, this part demonstrates the Numerus Clausus versus free property, the current theories have positive, negative, and compromise theories, positive theory said that the advantage of numerus Clausus was able to reduce the cost of information greatly, but it is only limited to analyse the single factor of information cost made many people doubt whether the comprehensive analysis; negative theory said that the transaction cost of numerus Clausust is higher than the cost of free property,it has its rationality, but It is a theoretical problem,which is prior when the right of the real claim of unnamed property faces Creditor’s rights; the compromise theory, it tends to apply the numerus Clausus on ownership and security interest, but considering the situation of our country, the compromise theory ultimately turn into positive theory.The fourth part mainly introduces the economic analysis on the role of our country’s property law, it reveals the economic essence of real right law, the final establishment of property right system in the law, become an important embodiment of establishment of the market mechanism; it reveals the efficiency value of real right law, economic analysis aims to reduce the transaction cost, bringing vitality to the economy freedom; it provides guidance for property law reform, based on the objective economic rule, guide the market while also relax certain freedom.By learning and adapting Chinese Taiwan’s property law,our countries’property law inherited the German model, and adopting the basic principle of German property law, confirming property rights,controlling transaction cost to reduce the social costs, in order to achieve maximum benefit.