Research On The Social Obligation Norm In American Property Law

In modern society,ownership does not only end disputes and define ownership.Instead,there are many circumstances in which a lot of owners are limited by their social obligations to restrict some of their rights.Because China has not clearly defined the restriction of the property right,it has encountered many problems to be solved in practice.The open and flexible Anglo-American property law is obviously a reference system that can provide references for us.The premise of comparison and reference is the correct cognition of the object.This thesis combs the social obligation norm in American property law from the perspective of historical basis,theoretical basis and system construction,so as to provide references for the perfection of property right system in China.This thesis consists of four chapters in addition to Preface and Conclusion.Chapter 1 inter:prets the change of the basic idea of American property law.In the history of the United States,individual and social factors often coexist in the concept of property law.American property law emphasized the absolute right of individuals in the eighteenth and nineteenth centuries and later on,put much attention on the social responsibility of individual property right in the twentieth century.Chapter 2 combs the theoretical basis of the social obligation norm in American property law.The interpretation of the social obligation norm must be traced back to some classical theories.The interpretation of classical liberalism provides a thin understanding of the social obligations of private ownership,it means a weak affirmative obligation to contribute to the provision of public goods.The interpretation of communi'ty contracts believes that the members of the community depe'nd on each other and thus lead to the social obligations of each other,and the theory of human prosperity describes its connection with the social-obligation norm from the perspective of promoting human prosperity.Chapter 3 is the typology of social obligation in American property law.There are two kinds of social obligation norm in American property law.The first is the Entitlement Sacrifices,in which the owner of the property is required to sacrifices the property interests in exchange for the social monetary compensations.The second is Use Sacrifices,where the owner retains ownership of his property but prohibits its use in some way because of the collective interests of society.This part mainly adopts the method of case analysis.Chapter 4 is the enlightenment of social obligation norm in American property law to China.This part gives some suggestions on the perfection of our property law from the aspects of idea and system.In terms of idea,we should abandon the concept of absolute property right,and learn from the relevant experience of America on the issue of"ownership has a social obligation".In terms of system,we should expand our current levy system and gradually establish a social obligation system.Besides,this part also provides a social obligation perspective for the related issues of intellectual property rights.