Special Discussion on Real Estate Legal Issues in Our Country

Author: Guan Tao
Publisher:
Publish Date: 2004-01-01
Features: This revision does not change the framework structure of the original book, which remains divided into four parts: Basic Theories of Real Estate Legislation, Ownership of Houses and Land Use Rights in China, Real Estate Security System, and Real Estate Credit System. However, the specific content of each part has been adjusted, supplemented, and deleted accordingly. In Part, two chapters, "The Formal Rationality of the Civil Code" and "Collective Land Ownership and the Three Rural Issues," have been added. Through the experience of studying civil law over the past decade, I have come to realize the importance of codification legislative techniques in the civil law system. This codification technique can be termed the formal rationality of the civil code, which directly influences the determination of the specific content of the civil code and also shapes the unique legal methodology of the civil law system. I believe it is very meaningful to include it as a chapter in this book. Collective land ownership in rural areas is an important property rights system in China, but due to various reasons, it has not fully fulfilled its. I think that by re-examining this topic in conjunction with the Three Rural Issues, some new insights may be gained, which is the reason for adding this chapter. In the second part, two chapters, "Servitudes in the Civil Law System of the Civil Law System" and "Water Rights System in Civil Law," have been added. Servitudes, like easements, are a higher-level concept and belong to general use rights. Many specific use rights can be derived from them based on practical needs, and most specific use rights appear in special civil laws. The interplay between servitudes and easements can, to some extent, mitigate the limitations of the principle of property rights determination; Civil law