Study On The Exercise And Limitation Of Right Of Formation

The theory of right of formation has been known for over 100 years. Despite the German scholar Emil Seckel had first made the concept in 1903, nowadays the Chinese system of right of formation is still undeveloped, with wide gaps in existing legislation and little relevant research involved. Therefore, there is practical and academic value in the research on this subject.This dissertation makes a systematic and comprehensive study of the exercise and limitation of right of formation, by the methods as historical research, comparative analysis, and empirical analysis. It consists of 3 chapters besides the introduction and conclusion, about 50,000 words.Chapter 1 covers the conception, classification, characteristic and functions of the theory of right of formation. Refer to right of formation, based on the agreement of both sides or law, the right holder has the right to declare his unilateral will to the relative and to make the legal relationship occur, change or eliminate in line with the will. Right of formation is an assembly term with the following characteristics: no possibility of encroachment; no concept of relative obligation; no unilateral transfer; legal relationship as object; some limit duration. It can be divided by different criterions into diversity functions, such as request of payment, exception of request, realization of droit, protection of true will and confirmation of legal relationship in time.Chapter 2 focuses on the exercise of right of formation. Character as unilateral legal action, the exercise can be taken by an agent in principle as complement of incapability or inconvenience of the right holder. It can be supervised and controlled by litigation in areas such as family law, company law and human ecology areas. And it can be as objects of subrogation right, right hypothec and can realize value of the right by transfer in the property right areas.Chapter 3 focuses on the limitation of right of formation. Limitation...