Study Of Rural Land Use Right System

In China, the right to the use of curtilage is an important right to immovables. Because of our policy and the reality of the countryside, the right to the use of curtilage has lacked mobility for a long time. Now, we are drafting Law Relating to Rights over Things, which makes it very important to find reasonable institution of the right to the use of the curtilage. We have difficulty in obtaining experience for the characteristic of the right. We can research the value and the malady of the right only from its history and status quo. And then we will find a reasonable system of the right to the use of curtilage. The thesis is divided into 3 parts. The fist part includes the preface and chapter 1, the second part is made up of chapter 2-4, and the conclusion is the third part.The preface mainly introduces the background and importance of the writing. Chapter 1 mainly tells the primary content of the existing right to the use of the curtilage. The scholars'different opinions on the definition and content are often limited because of the law and policy. There are both connection and distinction between superficies, neighboring right and the right to the use of curtilage. To distinguish them will help us recognize the right to the use of curtilage. Besides, the right to the use of curtilage has its character, and we cannot combine it with the superficies. We should research the history of the right because it is a historical thing.Chapter 2 mainly analyses the unreasonable obtaining standard, how to construct new standard, the reasonable content of the right, exercise and relief, which develop the basic frame of the new system. In chapter 3, we will found a new circulating system of the right of the curtilage. We cannot construct the estate market in the countryside if there were no necessary circulation of the right. However, the circulation should have its limitation. The form of circulation are transfer, hypothecation, change, contribution and donation. In the course of circulation, we should change the principle—land going with the house. At the same time, the symbol of alteration should be delivery and possession. We don't accept the autonomy of the will, but the litigants cannot resist the third party if there is no registration. Chapter 4 analyses the several kinds of elimination of the right, abandonment, collection, requisition, loss, succession, time limit expiring, adjustment and so on.Conclusion, the third part, is the summary of the thesis.