2006•Unpublished venueRequires access

Beneficial Right: Personal Right? Real Right? Or New Right?

Wei Xu

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Abstract

There have always been different opinions concerning the legal character of beneficial right.To sum up,there have been personal-right theory,mixed-right theory and new-right theory.Although these theories are reasonable in their own ways,each of them has points that call for debate.Judging from the actual and deserving viewpoints,beneficial right should be regarded as real right.The fact that the object of beneficial right is non-specific and there exists claim-right for beneficiary cannot serve as a sure reason of denying beneficial right as real right.Moreover,as a kind of special real right,beneficial right doesn't violate real-right legalization principle and one-object-one-right theory.

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What this paper is about

There have always been different opinions concerning the legal character of beneficial right.To sum up,there have been personal-right theory,mixed-right theory and new-right theory.Although these theories are reasonable in their own ways,each of them has points that call for debate.Judging from the actual and deserving viewpoints,beneficial right should be regarded as real right.The fact that the object of beneficial right is non-specific and there exists claim-right for beneficiary cannot serve as a sure reason of denying beneficial right as real right.Moreover,as a kind of special real right,beneficial right doesn't violate real-right legalization principle and one-object-one-right theory.

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Available abstract

There have always been different opinions concerning the legal character of beneficial right.To sum up,there have been personal-right theory,mixed-right theory and new-right theory.Although these theories are reasonable in their own ways,each of them has points that call for debate.Judging from the actual and deserving viewpoints,beneficial right should be regarded as real right.The fact that the object of beneficial right is non-specific and there exists claim-right for beneficiary cannot serve as a sure reason of denying beneficial right as real right.Moreover,as a kind of special real right,beneficial right doesn't violate real-right legalization principle and one-object-one-right theory.

Key concepts: Exclusive right, New Right, Object (grammar), Constitutional right, Right to development, Right of way, Law, Political science

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