On The Act Of Self-help Of Real Right

Act of self-help is one of private relief. Act of self-help could be divided into the absolute right to self-help and the relative right to self-help. The self-help of relative right equals to the self-help of creditor’s right. The absolute right to self-help includes self-help of real right and the self-help of personal right and of intellectual property. Self-help of real right is representative of the absolute right to self-help. Its basic rules could be applied to other kinds of self-help, such as the self-help of personal right and of intellectual property. The connotation of Property self-help of real right is that when the obligor avoids assuming the responsibility of restitution and has no time to apply the public relief, and if the obligor don’t perform the petition right on property in time, resulting in the petition right on property couldn’t or hardly be exercised in the future, the man who has the petition right on property could save his property from damage by restricting, seizing, damaging and excluding the resistance of the obligor; secondly, when the object is in danger and there is no time to apply the public relief, and if the petition right on property don’t be exercised in time, causing the right couldn’t or hardly be performed in the future, the man who has the petition right on property could put the petition right on property into practice without bearing the civil liability by getting back the object, eliminating the danger, eliminating the obstacles and the resistance of the obligor. This is the development tendency of law that we need to establish self-help of real right to show the humanity, justice, efficiency, the using of private right, and to benefit the application and abiding of law. Compared to the self-help of creditor’s right, the self-help of real right is relatively independent. Its independence mainly reflects on the following four points:self-help situation, object, manner and duty after the event. These are the keys to differentiate the inner types of self-help. Since the self-help of creditor’s right shares commons and differences on the four points with the self-help of real right, the relations between them decide the independence of self-help of real right in nature. the special self-help of real right prescribed in many countries, such as the recall right, the rights to cut off the brushwood, and the rights to regain hypothecation, is of high reference value to the self-help of real right. The applicable scope of the self-help of real right includes ownership, real right for usufruct, real rights granted by way of security, and possession without the self-help of returning right of negative easement. To perform pledge is not to perform the self-help of pledge, but to reflect the right of pledge. The returning right is a special type of self-help. It doesn’t belong to legitimate defense.