On The Relaxion Of Numerus Clauses

The full text consists of three parts: introduction,text and conclusion.Which part of the text is divided into four chapters,as follows:The first chapter: the legal principle of property.First discussed the beginning and development of the legal principle of real right,the development of the legal principle of property rights experienced the Roman law period,the French Civil Code period and the German Civil Code period.Although the German Civil Code does not establish the legal principle of property rights,but the theory that the German Civil Code can reflect the legal principle of property rights.Japan for the first time the legal principle of property into the civil code,and then the legal principles of property into the civil law,as well as Austria,South Korea,Taiwan,and China.In recent years,the legal principle of property rights in some countries in the code of the new development,such as China's Taiwan region,the provisions of custom can also be used as the legal principle of the "law" source.Second,the legal principle of property rights reflects strict legal reservations,so in addition to the law,any level of effectiveness of the legal documents,judicial interpretation,and customary law is not strict legal principles of the "law" of the source.In accordance with the requirements of the legal principle of property rights,the types and contents of the real right can only be provided by law,the parties in violation of the principle of property rights to create the right or the law of the contents of the real right to add or delete,can not have real effect,but if in line with other laws Provides that,in the absence of the premise of the invalid can have the effect of creditor's rights.Chapter ?: the legal principle of property rights on the basis of the legal principle of ease.This chapter focuses on the relationship between the legal principle of property right and the legal principle of real right.First of all,the need to ease the legal principle of property is: First,the real right of the legal principles can not handle the relationship between legal provisions and the development of practice,it will be rigid,and hinder the practice of institutional innovation,but also to a certain extent Secondly,the ease of the legal principle of property rights to a certain extent,to ease the real estate legal principles of the rigid,for the real estate law to increase the scope of more freedom of meaning,but also make the property system more perfect.In addition,the civil law countries civil law countries are practicing the legal principle of the ease of the principle of some countries through the recognition of customary law to ease the legal principle of property rights,and some through the case to recognize the new real right to ease the legal principle of property rights,some countries to develop special law to improve the real right System,so to ease the legal principle of property rights is also the trend of the times.At the same time,the easing of the legal principle of property right must be based on the principle of legalization of property right,not only because the legal principle of property right is the criterion of the division of the tax system,which is the basis of the establishment of the property law of civil law countries,The real right of ownership is the absolute right of the subject to the right of the subject in the possession of the subject,so that the dominance of freedom of representation is necessary to be restricted to the extent that the various subjects are exercising Rights in the process of mutual assault.Finally,the legal principle of property rights mitigation is different from the laissez-faire of property rights,and the legal principle of the real right can not break the essence of the legal principle of real right,so the customary principle of property rights to ease the habit that is reasonable,and several other doctrine is not reasonable.Chapter 3: Take the guarantee as an example to illustrate the necessity of easing the legal principle of property rights.First of all,through the study case found that the use of security in the practice of more active,and the application of the field is also very diverse;followed by the guarantee in line with the real right characteristics,with "property rights";the final creditors in the guarantee at the time of implementation Has a liquidation obligation,which makes the guarantee in the realization of the liquid contract does not prohibit the provisions of the conflict,so the guarantee is deemed to be the real right.But the concession guarantee because the legal principle of the prohibition of the law can not be a security interest,and thus the legal principle of the need to ease the inevitable,to give a guarantee or more new right to leave room.Chapter 4: the way in which the legal principles of property rights are mitigated.Mitigation of property rights need to start from a number of aspects.First of all,the property law should pay attention to the role of custom,the legal principle of the "law" contains the habit,help to ease the legal nature of the statute of the rigid and legislative lag.Secondly,under the premise of establishing the case system,our country can supplement the law and the contents of the law,and make the case of the Supreme Law,supplement the legal system and improve the real right system.At the same time,the development of the publicity system can also promote the legal principle of property rights to ease.And finally to strengthen legislation and the development of special law to improve the legal real right.But the judicial interpretation can not be interpreted as the legal principle of the law of the "law" of the origin,or the development of judicial interpretation of the subject will go beyond their own authority,violation of legislative power.