Property Law Theory

Author: Shi Shangkuan
Publisher:
Publishing Date: 2000-01-01
Features: Preface by Shi Shangkuan, After the publication of General Theory of Debt Law, I originally planned to write Specific Theory of Debt Law. However, since there were few existing works on property rights, I decided to complete Theory of Property Rights instead. In terms of content, property rights may not be as complex as debt law, but they are intricate and profound in their own way. The research methodology remains consistent with that of debt law, referencing legal codes and original works from Switzerland, Germany, France, and Japan, and conducting comparative and comprehensive analysis to determine the most appropriate approach. However, based on the provisions of our civil law, guided by the principles of livelihood-orientedism and considering our national conditions, many arguments have been made. Especially regarding the (), as an indigenous institution in our legal system, it can only be compared to Germany's "" (ancient pledge). There are few foreign references available. The trend of property rights formation is based on the principle of "making the best use of resources." In the future, property rights should be centered on utilization. Among them, the formation of immovable property rights is closely related to land policies, and the Land Law as a special law of civil law is interdependent and mutually corroborative. Without combining them for study, it is difficult to grasp the full picture. My book Original Theory of Land Law can be considered a companion to this work and may serve as a reference. The entire book contains over 500,000 words, dedicated to uncovering issues and exploring new horizons, while also providing insights into research methods. However, given the broad scope and extensive extensions, errors and omissions are inevitable. I sincerely hope that scholars at home and abroad will kindly offer their guidance.