The Systematisation of the Civil Code of the People's Republic of China in Book II Real Rights

Abstract

The formulation of civil law into a code is an important process of re-integrating and systematising civil law. Compared to the previous application of the individual laws of the civil law, the most important thing in applying the Civil Code of the People's Republic of China (hereinafter called the Civil Code) is to have a systematic thinking, i.e., unified norms and logical consistency. The legal system of real rights in the Civil Code is the basic legal system for the recognition, use and protection of property, which is fundamental to the country and has a bearing on the interests of people's livelihood. Property rights are the basis of every country's economic development, a prerequisite for exchange and a material guarantee for human survival and development. This paper will elaborate on five aspects, as follows: Real Rights and General Provisions, Real Rights and Contracts, Real Rights and Marriage, Family and Succession, Real Rights and Tort Liability, and the systematic arrangement within Real Rights. In order to achieve the purpose of better application of the Civil Code to solve the problems of property rights.