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Research On Emphyteusis Of Early Republic Of China

Posted on:2017-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2346330488472711Subject:Legal history
Abstract/Summary:PDF Full Text Request
The concepe of Emphyteusis was derived from Roman law, and in Spring and Autumn period of china,in the State of Lu, the implementation of "Chu shui mu" in private ownership of land, with the development of the tenancy relationship,gradually produced a "permanent tenancy",it meaned if the farmers gived the rent on time,he would culture the land forever. When in the Mingqing period of china, "a field of two masters" form became more mature, it meaned one land is divided into two onwerships, both of the owners could freely transferred their abiliaty. Our tratiditional system is similar to the Emphyteusis of Roman, so the late Qing Dynasty adopted the Emptyteusis concept into our first Civil Law draft, and as a separate chapter.Our traditional was similared with West Emphyteusis, actually they were completely different theoretical system, Emptyteusis sprout in ancient Greece,improved in the Roman, then developed of a peffect property rights system, and our permanent tenancy has been adjusted by the customs, after the introduction of the concept of Emptyteusis, its operation inevitablily confilted with our inherent customs, legal departments had the difficient regulations. What was the Emptyteusis in the eyes of official in early Republic of china? We can seen from the senior judges in Supreme Court in early Republic of china disputesed cases,in dealing with specific disputes,we can see the Court how to use the law to balenced both of the rules and habits, this article will analyze civil cases in Supreme Court in early Republic of china about Emptyteusis,and relevant contents and some thinks of shese substance.The article is divided into fore parts. in the first part, mainly study the original of our traditional and the Westen Emphyteusis, while study the legislative process of Emptyteusis in the Earey Republic of China,mainly froming the historical perspective;in the second part, mainly analyzes the content of Emphyteusis in EarlyRepublic of china, including the intraduction of Emphyteusis cases in Supreme Court,the production pathway of Emptyteusis in Early Republic of china, the speific concept of Emptyteusis in Early Republic of china,including the rights and obligations of both the main tenants, and analysis the nature of Emptyteusis in Early Republic of china;In the third part,mainly analyzes the legislative authority of the Supreme Court in Early Republic of china through deciding relevent cases, analysis how to coordinate the relationship between the legal basis and customs for dealing with the various Emptyteusis disputes; in Part fore part, mainly describes some thinks of these cases,analysis the fuction of Emptyteusis in Early Republic of china, disscussing the Emphyteus in Earey Republic of China of identity and transformation with our traditional habits, and in Early Republic of china its exists the State Law and our habits coexist dual structure.
Keywords/Search Tags:Earey Republic of China, the Supreme Court in the Earey Republic of China, permanent tenancy, "a field two owners", habit, Emphyteus
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