Compared with the number of property claims of _1074

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Property Comparison with the number of claims
 
 
Property Comparison with the number of claims
 
Property rights and claims, is our civil law system, the two pillars of civil rights. Adjust the static relationship between property relations and the adjustment of property claims between the dynamic property relations, constitute the property relations of society, the basic content of the socialist market economy, legal system, plays an important role. Objectively speaking, a long time, the law does not use the In the In fact, with the perfect modern enterprise system, Meanwhile, China's rapid economic development, also showed the Academia more generally referred to as Therefore, the civil rights of our civil law are faced with two major content of a major revision and improvement. From this point of view, the This paper is intended from the First, compare the concept of property and debt generally believed that China's property law field, is the direct control of a specific property right holders and enjoy the benefits of civil rights; debt between the parties is the reason for the specific rights and obligations arising from specific relationship. The concept of property and debt, civil law countries in the world had no conclusion. Property, only enacted in 1811, In addition, most countries not be defined in the statute book. However, direct control of property for a specific subject-specific material, the absolute right to enjoy the benefits of understanding the nature, to the German civil law countries, led by the views of academics are basically the same. China's Great Shiding Ni-quality Its essence is still debt payment. German Civil Code Article 241 pairs of bonds is defined as: concept provided for in law. China's be the debtor. by the acquisition of two. Refers not to the original acquisition of the rights of others and will acquire property-based. It made another reference is inherent. The usual ways are: 1. Through the production, acquisition of property products; 2. By gains made natural fruits of the property; 3. Countries, through taxation, nationalization, expropriation, requisition, confiscation, to obtain property rights; 4. No one at the statutory process for obtaining state inheritance, unclaimed lost property, and all unknown objects buried, hidden things; 5. collective organization of its members made no ownership of inheritance; 6. the extent permitted by law , through the first non-active accounts and obtain ownership of production; 7. to obtain property rights matter accretion; 8. to obtain property by prescription system; 9.  through instant access to obtain property rights acquired in good faith  system. It should be noted that China's law on preemptive access and time to obtain no clear legal provisions, but, first accounted for to obtain in real life abound, some waste (old) things, the establishment of the first accounts for access to the system is conducive to solving practical problems, give full play to the utilities. Usucapio also conducive to the establishment of the system to determine the ownership of the property to ensure the normal civil circulation, to urge people concerned about their property rights, timely exercise their rights. Following is subject to obtaining the rights of others and will acquire the property, also known came to obtain. Include: 1. Be made following the transfer. Refers to the original property will be transferred to the new property perfectly right holder. The main reasons for trading, reciprocity, gift, bequest, inheritance, etc.; 2. The creation of the successors to obtain. Others refer to the creation of human ownership of property other than ownership. Is divided into two types of civil and administrative methods. Civil with others, such as the owners entered into a land use right transfer contract, mortgage contract, the establishment of his property, mainly referring to the administration of transfer or licensing by the competent authority for the legal person, natural person, the creation of land use rights, mining rights, water rights, etc. otherness rights; 3. specific successors made. Refers to the acquisition of specific subject matter; 4. General successors made. Refers to the rights and obligations of others to acquire all the successors. In general, the successors to acquire, produce should be based on legal acts. Academics have a knowledge about the acquisition of property made into civil law and civil actions for reasons other than legal action to obtain, I believe that this classification method does not completely generalize the method for obtaining property, too general, is not very scientific . The cause of debt is the debt caused by the legal fact. Are the following: 1. Contractual obligation. Also known as contractual obligation. It is the claims and debts between the parties the most common and most important a reason. Torts. Tort refers to the criminal infringement of property rights and the legitimate rights of the person shall bear civil liability according to law. Damage people have the right to request compensation for losses offenders, perpetrators have the obligation of reparation. Rights and obligations arising therefrom, that is, Torts; 3. Unjust enrichment of the debt. The absence of unjust enrichment legal basis, resulting in damage to another person to acquire benefits by the right to request a benefit for victims who return to the unjust enrichment, it produced a return of between them for the content of the relationship between debt; 4. No for management of the debt. Gestio the absence of law or contractual obligation management services for others. No right to require the beneficiary to return the Manager for management, the reasonable costs incurred, resulting in the cost of credit and debt for the content; 5. Contracting negligence of debt. Negligence means the contracting parties during the conclusion of the contract has a fault, leading to the contract invalid, void, revoked or not be ratified, so that the other party in cases of damage. Fault due to the injured party entitled to request compensation from the right, the relationship between the two sides form a bond. Property and debt by comparing the causes, we can easily conclude that: First, the property reflects a static property relations, that is, with the domination of all things; and claims reflect the dynamic property, is the thing circulation. The two sides jointly to achieve the transfer of property. Second, the property is generated, is a kind of world power, absolute power, it can be against the world all the people, their rights to any person against the claim; the debt after the election, is a kind of human rights, and the relative rights, only exists between the creditor and the debtor by the creditor to the debtor claims. Third, the acquisition of property rights, limited only for the physical property of the object; and the generation of debt, the creditor can make a thing, it can be act. Schools more a recognition that the debt can only be the object of an act. Fourth, the acquisition of property must be based on the law, generally does not allow parties freely to create, but also not free to change its content  legal doctrine known as Property ; and the generation of debt, either under the law, such as Torts, unjust enrichment of the debt and debt-free because of management can also be set up under the agreement of the parties. Such as the contractual obligation. Third, the classification of property and debt comparison property, in accordance with Civil Code and the doctrinal different standards have different classification system. The national civil code, the property there are four categories: 1. Ownership; 2. Usufructuary; 3. A security interest; 4. Possession. In an academic, generally the property is divided into the following categories: 1. Since the property and his property; 2. Usufructuary and security interests; 4. Movable property, immovable property and rights of property; 4. The right to possession; 5. common property and quasi-property rights. Here, I must emphasize that: because of However, whether the Civil Law in China, or in the Land Management Law, Urban Real Estate Administration Law, Mineral Resources Law, Maritime Law, Fisheries Law, Water Law, Forest Law, Grassland Law, Guarantee Law and other laws, in addition to the provisions of the The most typical property rights - ownership, but also provides a state-owned land use rights, land use right, the right to land contractual management, mortgage, lien, pledge, mining rights, fishing rights and water rights of certain rights such as the type of their rights to set the category of property rights nature of his property. Therefore, you can also realistic to say that China's property rights system has in its model, some existing laws, regulations, laws of property right has been systematic, scientific and unified to lay a foundation. The classification of claims, there are different standards. The cause of debt, debt in itself is a classification standard. In addition, the subject of debt, the subject of executive power, the relationship between debt and debt criteria to be divided on the debt. 1. The debt subject to the standard, can be divided into single obligation, and the majority of the debt. Debt is one of the parties, and for the single obligation; one or both of the two or more, for the majority of the debt. Most of the debt can be based on the relationship between the main body is divided into several obligation of the debt of joint and several; or under the creditor, the debt can split in the main room, divided into thirds of the debt and not debt. 2. The object of obligation as the standard, can be divided into two types, one is based on whether the subject of selective debt, the debt is divided into simple and choice of debt; a debt is based on established, whether certain of the actual divided into specific types of debt and the debt. 3. To the standard execution of debt, the debt can be divided into natural and protected by the coercive power of the debt. 4. To the relationship between debt and debt as the standard, can be divided into the main debt and obligation. Principal obligation is a debt arising from the existence of the premise, not the primary debt would not be from the debt, principal debt eliminated, from the bonds also will be eliminated. However, the effect of debt on the principal debt does not have any effect. The classification of property and debt in comparison, we can see: First, in the same object, the property has the exclusive. That is, In the same matter shall not exist on the number of the same content property. In practice, some of the total relationship, on the same thing to ownership is concerned, there is only one title, not the number of independent ownership; in the debt relationship, then the number of people permitted the setting up of the same content the same debt claims of the situation. Such as: the establishment of the same material on the number of mortgage. Second, a sequential property, debt-free sequence. The establishment of property rights on the same matter, the decision of its establishment has its order, the first order is better than the second order. Such as: the ownership of the same material on, use, security interest, the ownership of the best. The claim is established, regardless of the sequence of equal validity. Fourth, comparing the effectiveness of property and debt (a) Real property refers to the effectiveness of control over the property based on the nature of a particular security or to have special legal effect. The effect of debt is, whether arising by law or because the parties have agreed a debt arising from the relationship, all the force of law, protected by law. The effect of property rights, including exclusionary effect, validity and priority Recourse. 1. Property of the exclusionary effect that the aforementioned However, the property's exclusive effect of what property rights are also not mutually exclusive. In the following several cases, a number of property rights can coexist in the same things: A, a number of identical easement; B, the ownership of his property; C, on various aspects of the disposal of his property for property . If a usufructuary right and property in the same collateral to co-exist. 2. Property of the priority effect is the same thing on a number of rights of co-existence of conflicting interests, the strong effect of the effectiveness of the rights of the weak before the realization of rights. It consists of: A, the priority of claims; B, effect on most people's priority. That their owners have property rights and property relations of people entitled to right of first refusal under the same conditions; C, the effect of property rights among the general application 3. Right of Recourse. Refers to the property in terms of who controls the subject matter,You are not allowed to view links. Register or Login, unless otherwise provided by law, the property where the person may recover and physical exercise of property rights. Mainly for: A, right action will be transferred to a third party the subject, the third property the right to demand the return; B, unauthorized transfer of collateral mortgagor, the mortgagee may recover until exercise of the mortgage collateral. Property rights are relative recovery and the law for the protection of the interests of bona fide third purpose of setting a number of limitations. Such as: the subject matter of the third person acquired in good faith, the original owner has no right to return the original bona fide third parties, but to ask people not entitled to dispose of compensation. (B) the effect of debt mainly in bonds and retention force of the request, debt, two aspects of compulsory execution. 1. Debt retention force and the request is the request of creditors, the debtor perform his obligation by law to receive and maintain the performance of the debtor to perform because of debt and the benefits obtained. So the effectiveness of the debtor, the debt obligation to perform correctly. When the claims are from the unlawful infringement of a third party, the creditor is entitled to require the State authorities to protect their debt. 2. Enforceable debt means that when the debtor defaults, the relevant state organs in accordance with the request of creditors force it to perform. Or improper performance by the obligor or delay in performance, the debtor must bear the consequences. If the forfeiture law, or double the return of the deposit; while fulfilling the right to defense and other defenses and anxiety. Property and claims of effectiveness in comparison, the most simple understanding is If A and B will be entered into a contract of sale material, but the matter has not been delivered, nor agreed to the ownership transfer of the establishment of the contract. After a Youyi contract for the sale made the same thing with C, and the physical delivery of the C spot. Such as A, C of the contract is good, then C to obtain ownership of the property, B may not be established in accordance with the contract prior claims on the grounds, requires C produce the material. However, B can request a bear liability for breach of non-performing debt. That is, Another example is right back in the insolvency proceedings and other ex, respectively, when provided after the commencement of insolvency proceedings, bankruptcy property belonging to someone else's property, the owner back; in the debtor's property to set the security interests, rights may track line exercise. That However, the priority of property relative to bonds, there are exceptions. The civil law This principle, even if the lease is the legal transfer of ownership took place, but the lease between the assignee of the lease is still valid. If China's Supreme People's Court contract, the lessee and the new owners continue to be effective. Meanwhile, with the need for transaction security people, some of the claims have received some degree of effectiveness of property rights. If the above tenancy to tenancy rights can be obtained as under normal circumstances only the property that has the effect of the third party. Another example: because no exclusive claims, resulting in a number of claims the same content can co-exist, and during which there is no order. So, a creditor is to have exclusive claim the effectiveness of a security interest taken by the means set. This means that their claims through a combination of security interests, in essence, made exclusive right nature. Become a In this case, scholars generally referred to as V. Conclusion convergence in the above short article, the author on some of the specific property and the debt situation of the links and differences between the two were simply listed and compared. In more detail remains to be further in-depth exploration. In our system of civil law, whether property or debt, have a broad and deep and rich implication; both and our economic life, also has a close correlation can be seen everywhere. Therefore, as a legal worker, we must study them in depth, mastered them, the flexibility to use them, so in order to make debt on the related property and give full play to the role of legal theory to better serve our socialist market economy services, and ultimately achieve our ideal of the socialist legal system.