Study Of The "republic Of China Civil Code The Right Of The Legal System

This article researched on the mortgage laws and institutions in the CIVIL LAW CODE OF THE REPUBLIC OF CHINA (1912-1949). The writer has five reasons to choose this item, those are: the first is the mortgage laws and institutions was our traditional legal system, it's unique in the world; the second is the reasons why the mortgage laws and institutions come into being link to the traditional culture and morality deeply; the third is it's the first time that government stipulated the mortgage laws and institutions explicitly; the forth is when the Republic of China (1912-1949) set the code, it has absorbed some civil custom ,we can find some civil custom in the code ,yet we also can find the code prohibited some civil custom to put into effect, so when the writer wrote this essay , she tried to combine the code and the civil custom ; the fifth is now the new civil code is coming into being , the draft wrote by Mr. Wangliming and Mr. Lianghuixing all prescribed the mortgage laws and institutions in their draft of the civil code , so the writer want to do some contribution through this article .This article wrote surround the mortgage laws and institutions in CIVIL LAW CODE OF THE REPUBLIC OF CHINA (1912-1949). Wrote about the originate of the mortgage laws and institutions, the abstract of the mortgage laws and institutions, the content of the mortgage laws and institutions, the time limit of the mortgage laws and institutions, the effect of the mortgage laws and institutions, the perish of the mortgage laws and institutions, and the mutual benefit of the code and the civil custom. At last, the writer put forward the necessity of reconstruct the mortgage laws and institutions in our country, and some concepts of how to reconstruct it. Four parts can divide the article, these are:The first chapter wrote the origination of the mortgage laws and institutions. Firstly, research on the meaning of the mortgage. Look up the dictionary to find the exact legal meaning of themortgage laws and institutions in the code. Then, discussed the nature of the mortgage laws and institutions . The writer wrote three main ideas about the nature of the mortgage laws and institutions and at the same time rose her idea by put forward some evidence. Thirdly, the writer try to find the reasons why the mortgage laws and institutions born in China.The second chapter is the core of this article, the writer wrote the mortgage laws and institutions in the CIVIL LAW CODE OF THE REPUBLIC OF CHINA (1912-1949). It has five parts, those are: the content of the mortgage laws and institutions, the time limit of the mortgage laws and institutions, the effect of the mortgage laws and institutions, the perish of the mortgage laws and institutions.The third chapter discussed on the mutual benefit of the code and the civil custom. The writer chosen a lot of materials about the civil custom prove the link between the government's code and the civil custom.The fourth chapter discussed the necessity of reconstruct the mortgage laws and institutions in our country, and some concepts of how to reconstruct it.