Seven Difficult Problems of Legislation in Real Right Law
JI Xiu-ping
Abstract
JI Xiu-ping
Abstract
In our future real right law,there should be some limitations to the open objects,but not the open contents in the property register of immovables;Lawsuit time limit should not be applied to return protoplast right of applicant;We had better constitute positive prescription system;Powerless punish should not affect the force of contracts when the endorser has no right,but the transferee is well-meaning;There should be proper toleration to the unanimous consent principle on punishing mutual thing;We should prohibit mortgaging to some movable property which has no way to open;There should not be the time limitation when mortgager realizes the hypothec after the fulfilling term of primary creditor's rights is over,except that mortgager is not the debtor;When the debtor do not refund the debt,the mortgager cannot get the guaranty directly,but he may put in for the court to auction guaranty.
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In our future real right law,there should be some limitations to the open objects,but not the open contents in the property register of immovables;Lawsuit time limit should not be applied to return protoplast right of applicant;We had better constitute positive prescription system;Powerless punish should not affect the force of contracts when the endorser has no right,but the transferee is well-meaning;There should be proper toleration to the unanimous consent principle on punishing mutual thing;We should prohibit mortgaging to some movable property which has no way to open;There should not be the time limitation when mortgager realizes the hypothec after the fulfilling term of primary creditor's rights is over,except that mortgager is not the debtor;When the debtor do not refund the debt,the mortgager cannot get the guaranty directly,but he may put in for the court to auction guaranty.
Key concepts: Lawsuit, Debtor, Creditor, Law, Surety, Meaning (existential), Unjust enrichment, Legislation