Research By The Standard Of Movable And Immovable Property

Movables and immovables is the traditional classification in the civil law of continent law system. This classification has very important significance to the continent law system and the anglo-american law system. To distinguish the movables and immovables, it seems to be common sense to distinguish the movables with immovables by physical standard, but, I don’t think so. For example, the provisions of the Guarantee Law of the movables mortgage and the movables pledge, leads to establish the unified standards of the division of the movables and immovables; analyzing thoroughly the substance of immovables and movables, I put forward some new ideas; according to immovables division of movables to reflect on the standard, I put forward the new division standard, legal standards; this article put forward the natural structure of the movables and immovables in accordance with the legal standards.This article divides into four major parts, and more than thirty-one thousand words.The first chapter is that it is necessity and urgency to study the criteria for the classification of the movables and immovables. This part pointed out that traditional physical standards have been unable to meet the development of the times and can not solve the problems of the guarantee law from the movables mortgage movables pledge provisions in the Guarantee Law. Therefore, study the criteria for the classification of the movables and immovables is crucial to solve the problem of China’s Property Law in the movables mortgage and movables pledge and the future of Civil law property rights in the code.The second chapter describes the history of the division of the movables and immovables. This section details four criteria for the classification of the movables and immovables, the ancient Roman law, French civil law, German civil law, and Russia civil law, namely the traditional physical standards, physical standards and value standards, physical standards and procedures standards, physical standards, program standards and legal standards. The author thinks that the legal standards adopted by the Russian civil law is new and easy to operate.The third chapter analyzes the existing division of the movables and immovables. This section tell about three main classification standards and concluded that:purely physical standards which divide the movables and immovables is unable to satisfy the public for understand the meaning of the movables and immovables; registration standards and the rights representation have drawbacks of logic confusion and reverse causation, and they are unable to meet the actual needs of modern society.The fourth chapter elaborates my opinion of the division of the movables and immovables standards. The author thinks that the essence of the division of the movables and immovables is a choice of law and value judgments formed by the legislators based on the specific social consensus.A society, how law legislate the movables and immovables have relation to subjective will. Therefore, the legal standards in china is feasible. This section concludes the structure of the movables and immovables by legal standard. The state legislature should formulate a catalog of immovables, then divide the range of the movables and immovables by the way of list and exclusion, regulation the range of the immovables by the method of enumeration at first, so the things outside the immovables catalog are movables. At the end of the article, the author points out that the theory influence and the practice influence of divide the movables and immovables by the legal standards.