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The Mitigation Of Numerus Clausus Principle

Posted on:2019-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:J S ChenFull Text:PDF
GTID:2416330545970321Subject:Law
Abstract/Summary:PDF Full Text Request
With the promulgation of the "General Principles of Civil Law" and the revision of the Civil Code,The easing of the statutory principle of real rights has once again become a hot topic for scholars to discuss.The relaxation of the statutory principle of real rights should be said to be the current mainstream view of academic circles.But what is the theoretical basis for easing and how should the statutory principle of property rights be limited?Scholars do not have a unified conclusion.Reference to other countries and regions,Both the Japan and Taiwan property rights laws stipulate the principle of statutory mitigation of property rights.Whether China should carry out the easing of the principle of statutory right of property rights and how it should be mitigated and established what kind of legal system should be based on the reality of our country.Analysis of the Real Difficulties Facing the Legal Principle of Real Right,Discusses the solution to the existing problems as well as the possibility of easing the statutory principle of real rights,and the conditions and boundaries of easing are such a logical structure to explore this issue.Combining economic development with the needs of social reality,Extensive interpretation of statutory law on real rights,including administrative regulations and judicial interpretation,Combined with the development of the Internet in the current information age,we will create a new form of publicity method,in order to formulate an institutional structure that conforms to the statutory principle of real rights in China.
Keywords/Search Tags:The mitigation of numerus clausus principle, Autonomy of private law, The connotation of law, The method of public notice of real right
PDF Full Text Request
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