Research On The Construction Of The Movable Property Right System

The usufructuary system is a statutory way of using real rights,but in our country this system is only applicable to real estate.Even though the "Property Law" and the "Civil Code" have affirmed the "legitimate status" of the usufructuary rights of movable properties,there is still a lack of usufructuary for movable properties in practice.In fact,there is no difference in essence between the usufructuary rights of movable property and the usufructuary rights of real property,except that there are differences in the object.The usufructuary right system of movable property emphasizes the usufructuary right system established with movable property as the object.Under the change of the concept of property rights,"ownership as the center" has developed into "equal attention to the duality of ownership and utilization".Therefore,the usufructuary rights system of movable property has the necessity of "landing" under this background.However,in our country,although the "Civil Code" establishes that usufructuary rights can be established on movable properties,there have been controversies in the theoretical circles about the scope of usufructuary rights,and no unanimous conclusion can be drawn.At the same time,the movable property usufructuary system still lacks the adjustment of specific rules,which hinders the application of movable property usufructuary rights in practice.In this context,it is urgent to improve the system of usufructuary rights in movable property in my country.To construct the movable property usufructuary right system,we must first clarify its extension,that is to say,what kind of movable property can become the object of movable usufructuary right.After studying the provisions on usufructuary rights in Roman law and French and German civil law,we can find that none of them excludes the existence of the usufructuary system of movable property,and the scope of its object is very wide.The object of usufructuary rights should include movable property and immovable property.There is no obstacle to setting usufructuary rights on movable property.Taking into account the actual needs and the possibility of usufruct,the object of the usufructuary right of movable property can include some tangible items,namely special movable property,single high-value movable property,and aggregates.At the same time,intangible things such as data and radio spectrum resources can also become the object of usufructuary rights in movable properties.In addition,the establishment and modification of the movable property usufructuary system proposed specific rules and concepts.The choice of publicity method did not break through the principle of deliveryism,and the delivery effective plus registration confrontation model should continue to be used.Finally,it discusses the exclusive effect,priority effect and the right to claim for the usufructuary rights of movable property.The effect of real right itself is the difference between it and the way in which it is used for creditor’s rights,and the use of movable property also has certain advantages in the use of creditor’s rights.It is of great significance to construct the movable property usufructuary system.This system not only meets the demand for movable property usufruct under the current social and economic development situation,but also promotes the improvement of the property law system.