2006Higher education forumRequires access

Discussion on the Trend of Obligatory Rights Ization of Real Right

LI Qing-hai

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Abstract

Real right and obligatory right were considered to be an important division on private law of the property rights.There are close connections between them.The real right is the foundation and prerequisite that obligatory rights happened,and it the purpose and result of the movement of obligatory rights too.On legal idea and legal provisions in modern times,real right and obligatory rights are regarded as two kinds of property rights which reflect different property relations.They are interdependent and independent.This is the inevitable reflection,which appears in the objective economic life of different property relations,and the result of the development and perfection of the legal idea and legal technique,too.Along with the development of economy,the difference between real right and obligatory right is weaker and weaker,the trend of obligatory rights ization the real right has appeared.

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What this paper is about

Real right and obligatory right were considered to be an important division on private law of the property rights.There are close connections between them.The real right is the foundation and prerequisite that obligatory rights happened,and it the purpose and result of the movement of obligatory rights too.On legal idea and legal provisions in modern times,real right and obligatory rights are regarded as two kinds of property rights which reflect different property relations.They are interdependent and independent.This is the inevitable reflection,which appears in the objective economic life of different property relations,and the result of the development and perfection of the legal idea and legal technique,too.Along with the development of economy,the difference between real right and obligatory right is weaker and weaker,the trend of obligatory rights ization the real right has appeared.

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Available abstract

Real right and obligatory right were considered to be an important division on private law of the property rights.There are close connections between them.The real right is the foundation and prerequisite that obligatory rights happened,and it the purpose and result of the movement of obligatory rights too.On legal idea and legal provisions in modern times,real right and obligatory rights are regarded as two kinds of property rights which reflect different property relations.They are interdependent and independent.This is the inevitable reflection,which appears in the objective economic life of different property relations,and the result of the development and perfection of the legal idea and legal technique,too.Along with the development of economy,the difference between real right and obligatory right is weaker and weaker,the trend of obligatory rights ization the real right has appeared.

Key concepts: Property rights, Right to development, Law and economics, Right to property, Exclusive right, Political science, Property (philosophy), Perfection

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