Analysis and Reflections on the Theory of Property Law

Author: Yin Tian
Publisher:
Publish Date: 2004-08-01
Features: This book adopts a new perspective and research methodology to provide an in-depth elaboration and reflection on the existing fundamental theories and systems of China's property law. In terms of research methodology, it strives to more accurately grasp and understand the legal formal rational thinking model adopted by the civil law theory of the civil law system represented by the German Civil Code. While reanalyzing the fundamental theories of property law in Germany, which are considered an outstanding achievement of this thinking model, as well as the relevant theories of other countries and regions using various new angles and approaches, it also identifies and reveals their limitations and theoretical flaws. Additionally, it offers targeted critiques and presents innovative insights on the misunderstandings that arise during the process of introducing, borrowing, and referencing property law theories from Germany and other countries, as well as Taiwan, leading to flaws in system design. Furthermore, it examines and analyzes certain controversial viewpoints and theories proposed by mainland Chinese scholars, offering fresh perspectives.