A Study Of Privilegia System

The Privilegia System is an ancient system came from the Laws of Rome.As an independent system of security interest, its destiny has been differentin various civil codes among continent laws. Specifically, civil laws thatare represented by those of France and Japan have stipulated privilegia,whereas those of Germany and Taiwan have not. Academic views toward whetherthe privilegia system should be stipulated in forming laws of real rights,however, are many. This thesis studies initial status of privilegia systemin purpose of consummating real right laws of China.First, through introduction and evaluation of different schools ofprivilegia concept, the author defines privilegia, based on directstipulation in laws, as specified right of creditor, which is prioritizedright to indemnification regarding whole or specified possession of debtor;through analysis on the nature of privilegia and its differences between theright to indemnification, legal hypothecation and lien right, the authorfurther defines the concept of privilegia. Second, through introduction ofrelevant stipulations about privilegia system in laws of Rome, France,Germany, Japan and Taiwan and privilegia phenomena in British-American laws, the author concisely elucidates the origin and legislation samples ofprivilegia system in various countries. Third, from the purpose ofestablishing privilegia system, the author dissertates that the privilegiasystem, rooted to protect special creditors, is set up in order to maintainactual fairness, ensure national and social public interests, and protectcreditors in service to sustain virtuous customs. The author then raises someconcrete considerations of legislation. Fourth, combining relevantstipulations about privilegia system in various countries, the authorexplains basic theoretical issues of the nature, category, effects,realization and extermination of privilegia. Last, through introduction andevaluation of the legislation status quo about privilegia, the author pointsout the deficiencies in privilegia legislation of China; throughillustration of reasons in establishing privilegia system, the authordemonstrates the necessities of establishing united privilegia system;combining relevant stipulations in "Suggestions for the Draft of China RealRight Laws" by Professor Wang, Li-ming, the author also raises his opinionin construction of privilegia system in China.