Research On The System Of Usufructuary Rights

As the real rights form that regulates the use of property, usufructuary right has very important social functions since it is an approach both to carry out ownership and to fulfill the need of others. As our country implements socialistic public ownership, those important resources like land belong to state or collectiveness, which means usufructuary right system is of especially importance. However, our system in force is far from perfect and has influenced practices badly. In the research and legislation work aimed at perfecting the system, most divergences lie in the system of usufructuary rights. Therefore, this dissertation puts forward a tentative idea on the reconstruction of our system of usufructuary rights, after analyzing the formation of the system, its legislation development and its trends of development.The first part of this article begins with the definition of usufructuary right by analyzing its legal character. These legal characters are incarnated as follows: Usufructuary right is set up to use other people's property, so the aim of utilization is the most important feature. Possession is generally necessary to usufructuary right, but it isn't always the case and shouldn't be limited in direct possession. Apart from servitudes praediorum, other usufructuary rights are all independent. They are independent of the ownership and don't request that there are other civil rights between the subjects. Usufructuary rights are always established on immovable properties since they embody complex legal relations.Analyzing usufructuary right's legal features can help to open outits essence. The essence first rests with it is the real right form that regulates the legal relation between the owner and the user and the contents of it originate from real statute directly. From the lay of value, usufructuary right is the system arrangement that can exert the economy benefits of tings, and it is the legal form that can distribute the benefits of things between the owner and the user equally.With regard to scope, usufructuaty right differentiates from real right for security in it dominates the use value of things while the latter dominates the exchange value of things. The significance of such a division is that it can help to understand the character of right to pawn. The differences between usufructuaty right and obligatory right are obvious, but leasehold makes the issue intricate. The key to differentiate them lies in the dominance character of real rights which originates from real statute, yet the dominance effect of leasehold originates from contract and is doomed to be influenced by the owner's will. Such a division will help us to understand our right to contract for management of land correctly.The system of usufructuary rights has its own social material conditionality. Therefore, it has different forms at different times in different countries. It is necessary to study the system's formation and development process in order to establish our own system. The second part of this dissertation points out that in modern society, the system of usufructuary rights is becoming larger and more complicated since science and technology advance rapidly which result in the birth of rights to the use of space.The third part of this dissertation brings forward a tentative idea on the reconstruction of our system of usufructuary rights afteranalyzing the defects of our system in force. Our system is made up of concrete types of rights from codices rules and judicial interpretations. Although the system has included most types of usufructuary right existing in life, it has a lot of obvious problems. Not only does it lack of a uniform legislation system, but also a uniform standard of classification, so the system is in confusion and some contents in it are intercrossing with each other. Besides, the right to contract for management of land and the right to contract for management of national enterprises in force are also unreasonable.The reconstruction work should follow some principles: defer to th...