Property Law On The Protection Of New Property Forms Created By Customary Law

"Numerus Clausus" was the principle came from Roman Law,and further become the general principle of property right in Europe.Republic of China Law article 5 reception of the German law adopts "Numerus Clausus"."Numerus Clausus" is still important to maintain the order of transaction. Today, there is still a need to adhere to.Economic trend is constantly changing,some better property forms would be created by Customary Law to ameliorate faults of the property law. It is quite necessary to moderate the rigid structure of "Numerus Clausus".Throughout the continental law system countries and regions of the doctrine and jurisprudence.To observe the opinions of practice,a lot of property rights had been admitted without law.For example, the German Federal Supreme Court ruled that the right to expect the right to expect the interests of the object to be directly dominated by a complete real right. In the judicial practice in Japan, there are many habits of the formation of property rights or the right to the validity of the right, such as the right of the hot springs and the warranty. In Taiwan area of our country, society has been used for a long time, and widespread use of transferring guarantee, pawnshops method of business pledge, that is for the court in practice admit customary law on real examples.The Fourth Plenary Session of the party’s eighteen again with the compilation of the civil code provided on the agenda, in the compilation of the civil code property is undoubtedly an important system in the civil law.The future civil code of our country should be to strengthen the standardization of kinds and content of real right. At the same time for the customary property of judicial admit space reserved for the system, and make the necessary institutional arrangements, establish with publicity system as the basis of legal property rights and customary property coexist of real right system.