On The Movable Property Usufruct System Of Our Country

In China’s legal theory,there has long been a point of view that usufruct can onlyestablished on real estate and there is no possible and necessary to establish on themovable property.Although in the civil law countries of Europe,movable propertyusufruct has existed for a long time.But European and Chinese society aredifferent,and law tradition is different,so movable property usufruct system is notsuitable for China.In2007,China enacted the Real Right Law.In the system ofusufruct right,article117and121has stipulated that usufruct right could be establishedin movable property.However,as the right to contracted management of rural land、housing land use right、construction land use right and easement which provided inthe law are all belong to Real property usufruct.Faced with the principle of statutoryreal right,such situation really confused us and has caused a series of problems both intheory and in practice.So,around this legislative model,both in theoretical circles andpractitioners,have caused widespread discussion.Some say it’s a legislativeaccident,while others say it’s a forward-looking legislation for the future introductionof movable property usufruct system.So this thesis analyze the development of the movable property usufruct at homeand abroad based on the explanation of the basic nature of movable propertyusufruct.Of course,The conclusion is China should set up the system of movableproperty usufruct.I hope this thesis will make useful contribution to China’s futuresystem of movable property usufruct.