An Analysis Of The Priority Of Property Rights

According to the academic circles, the priority of the real right includes the priority of real right to the creditor's rights and the priority between real right. However, the civil law scholars have become more and more controversial to this theory, and constantly have questioned the validity of the voice of the priority of real right, leading to the academic circles cannot reach a consensus currently. About the content of the priority of the real rights, some scholars think it only includes the priority of real right to the creditor's rights; some scholars think that the priority of real right includes not only the property prior to the creditor's rights, but also the priority between real right; also some minority scholars think purchasing priority and priority also should be included in the category of the priority of real right. In addition, some scholars believe that the property does not have priority; each conflict of the rights can be solved by the basic system of civil law. There is no need to introduce such a concept like the priority of real right, and the existence of this theory has no basis. In face of this situation, the author thinks it is necessary to make a systematic analysis on the origin, connotation and "performance" of the priority of real right, in order to explore whether the theory has the rationality and necessity of existence.On the base of the understanding of the mainstream theory about the priority of real right in our country, the author found there exists great controversy on theory and legislative practice about the priority of real right at home and abroad, and from comparative law I cannot find the theoretical origin and connotation about the priority of real right. Therefore, from the theoretical and empirical analysis of two aspects, on the one hand the author will find the origin of the priority of real right, on the other hand the author will respectively analysis the different manifestations of the civil law about the priority of real right to the creditor's rights and the priority between real right. Through this analysis, if I can find the basis of the priority of real right, then it can be determined about the priority of real right basis for the existence and its real meaning; if from the above point it is always unable to approve the existence of the priority of real right, this theory will lose its foothold.