On The Management Right To Property In The Civil Law

With the development of society and economy, people pay more and moreattention to the use of property. In the case that the owner takes advantage of allproperty reasonably, the law guarantees the owner exercising every right to theproperty under the control of their own. In certain circumstances, the law also givesthe right to specific persons to administrate the property of others. Generalizedproperty administration includes the mandatory administration agreed in form ofcontract and the property administration regulated by law.The civil legal norms ruled specific persons’ exercising management right todifferent types of property, however, the existing laws have not defined a unifieddefinition of the concept, and neither involves the exercising rules. In addition, due tothe limitations on legal norms, the extent of authority that the administrators take isnot clear in most cases, which can easily leads the administrator’s mismanagement orabusing, on the other hand affects the effectiveness of the property. At the same time,Chinese scholars do not study in-depth on the management right to property.To study the management right to property in civil law, the article is discoursedmainly in three parts:The first part is an overview of the basic questions on the management right toproperty. It mainly discusses the concept and nature of the management rights toproperty in theory, and also classifies with the management right to property. This paper argues that the management right to property refers to the extent of authoritybetween the property’s preservation and appreciation， and it is the right thatadministrators control the property. The management right to property has the natureof relative right. In this sense, it is effective only between the parties, and generallyshall not be used against a third party. In accordance with the formation of the way,the management right to property can be classified as the agreed and legally required;in accordance with the scope of the right to exercise, the management right toproperty has the distinction of simple management and full management.The second part discusses the exercise style of the management right to propertyin the civil law of our country. According to the civil legal norms, the managementright to property includes the management right to the property that guardians have topersons under guardianship, administrators have to missing persons, administratorshave to the owner due to negotiorum gestio, the legacy caretakers have to ancestorand the management right to the common property that administrators had to theco-owners.The third part discusses the typification of the management right to property. Andthrough the discussion about management right to the property of others in the CivilCode of Quebec, it pointed out the significance of the typification of managementright and the possibility of learning from the management rules in the future.