Defense for The article That The Right According With Quality of Real Right Should Be Regarded as Real Right——Discuss with Mr Liang Huixing
Zheng Jun-fang
Abstract
Zheng Jun-fang
Abstract
The article that the right sccording with quality of real right should be regarded as real right in the draft of real laws has been bowdlerized after much argument,the dispute of which is whether it violateor break the traditional Principle of Real Right Legal.This reflects the different attitude which the legislators and the academe have towards Principle of Real Right Legal and buffer to the principle.Although the new real law doesn't accept the articale,it still has great significance of theory and practice.In fact,as long as the legislation set quality of real right as a law conforming to the state's actual conditions,the right sccording with quality of real right would be acknowledged by legislation through the legal quality of real right,so it won't conflict with the traditional Principle of Real Right Legal.In addition,the article provides a new thought about the buffer to Principle of Real Right Legal.
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The article that the right sccording with quality of real right should be regarded as real right in the draft of real laws has been bowdlerized after much argument,the dispute of which is whether it violateor break the traditional Principle of Real Right Legal.This reflects the different attitude which the legislators and the academe have towards Principle of Real Right Legal and buffer to the principle.Although the new real law doesn't accept the articale,it still has great significance of theory and practice.In fact,as long as the legislation set quality of real right as a law conforming to the state's actual conditions,the right sccording with quality of real right would be acknowledged by legislation through the legal quality of real right,so it won't conflict with the traditional Principle of Real Right Legal.In addition,the article provides a new thought about the buffer to Principle of Real Right Legal.
Key concepts: Legislation, Quality (philosophy), Law, Argument (complex analysis), Exclusive right, New Right, Law and economics, Political science