What is the adjustment scope of property law?

Article 2 This Law shall apply to civil relations arising from the ownership and use right of things.

The things mentioned in this law include real estate and movable property. Where the law stipulates that the right is the object of real right, such provisions shall prevail.

The term "real right" as mentioned in this Law means that the obligee enjoys direct control and exclusive rights over specific things according to law, including ownership, usufructuary right and security right.

The article "Interpretation" is about the scope of property law.

The first paragraph of this article stipulates the social relationship of property law adjustment, that is, the adjustment scope of property law. The ownership of things refers to who the owner is, and determining the ownership of things means determining who the civil property rights belong to, which is the premise of using things. To adjust the ownership relationship of things, the property law must determine the principle of ownership, which is an important content of the property law. Whether the owner uses his own property or gives it to others, it is the use of property.

The use of things is the purpose of the ownership of things. Property law regulates the relationship arising from the use of things and determines the rules for the use of things, which is also an important content of property law. Property law is applicable to civil relations arising from the ownership and use right of things. What needs to be clear is that the property law generally does not adjust the ownership and utilization relationship of all things, but only adjusts the property relationship between equal subjects arising from the ownership and utilization of things, that is, the "civil relationship" as stipulated in the first paragraph of this article.

According to the division of legal departments, property law belongs to civil law, which adjusts horizontal social relations; The vertical relationship between the manager and the managed person in economic and social management activities also involves the ownership and use right of property, but this relationship is mainly adjusted by administrative law and economic law, which is not within the scope of property law adjustment. Add Property Manager to your favorites!

The things stipulated in the Property Law include real estate and chattel, and real estate refers to land, houses, trees and other fixed things on land; Movable property refers to things other than real estate, such as cars and televisions.

Real estate and movable property are the classification of things in property law. The reason for this classification is mainly to facilitate the standardization of real estate and movable property according to their respective characteristics. Things in property law are usually tangible or tangible, which refers to physical things, including solids, liquids, gases, electricity and so on. The so-called "tangible things" or "tangible things" are mainly relative to spiritual products. Works, trademarks, patents, etc. Are spiritual products, intangible or intangible. Spiritual products are not regulated by property law, but mainly by special laws such as copyright law, trademark law and patent law.

Everything in the world, not all tangible things or tangible things are objects of the property law, but what can become the object of the property law must be something that human beings can control and have use value, while what human beings cannot control and use is not the object of the property law. However, with the development of science and technology, some things that could not be controlled and utilized can also be controlled and utilized, which is also included in the scope of adjustment of the property law, and the scope of things adjusted by the property law is also expanding.

Spiritual products do not belong to the adjustment scope of property law, but in some cases, property law also involves these spiritual products. This mainly means that the property right in copyright, trademark right and patent right can be used as the object of security right. Article 223 of the Property Law stipulates that transferable property rights such as the exclusive right to use a registered trademark, patent right and copyright can be pledged as rights.

In this case, the right has also become the object of real right. Therefore, in the second paragraph of this article, if the law stipulates that the right is the object of real right, its provisions shall prevail.

Property right is a kind of property right, and it is the right of the obligee to directly control certain things and exclude others' interference within the scope stipulated by law. Because property right is the right to directly control things, it is also called "absolute right"; The obligee of the real right enjoys the real right, and no one else may illegally interfere. The obligor of real right is anyone other than the owner of real right, so real right is also called "the right to the world".

In the nature of rights, property rights are different from creditor's rights. The rights and obligations of creditor's rights are limited to the parties to the contract, if the rights and obligations of the contract are limited to the parties to the contract. Creditor's right is the right of the creditor to ask the debtor to act or not to act, not to ask someone who has nothing to do with the relationship between creditor's right and debt. Because of this, creditor's rights are called "human rights" and "relative rights". Property right includes ownership, usufructuary right and security right.

Ownership means that the obligee has complete control over his own property according to law. Usufructuary right refers to the right to use and benefit other people's property according to law, such as rural land contractual management right and construction land use right. Real right for security refers to the real right established to ensure the performance of debts. When the debtor fails to perform the debt, the creditor has the right to be paid in priority for the value of collateral such as mortgage, pledge and lien according to law.

In addition, there are two related issues to explain:

1。 The connection and difference between "property right" and "property right" and "property ownership" The name of this law is Property Law. Some people think that "property right" is not easy to understand, and "property right" is easy to understand. It is suggested that the legal name be changed to "Property Law" or "Property Ownership Law". What should be explained here is that property rights are broader than property rights, including not only property rights, but also creditor's rights, intellectual property rights and inheritance rights.

Creditor's rights are mainly regulated by contract law, intellectual property rights are mainly regulated by trademark law, patent law and copyright law, and inheritance rights are mainly regulated by inheritance law. At the same time, the term "property ownership" is narrower than "property right" only in terms of ownership. Property right includes not only ownership, but also usufructuary right and security right, and the latter two rights are also relatively independent property rights. Therefore, the name of this law should not be called "property law" or "property ownership law", but it is more accurate to adopt "property law"

2。 On the subject of real right. Paragraph 3 of this article and Article 1 describe the subject of real right as "obligee". In the process of legislation, there are different opinions on how to express the subject of real right, and some suggestions are defined as "natural person and legal person"; Some suggestions are defined as "natural persons, legal persons and other organizations"; Some suggestions are defined as "state, collective and private"; Some suggestions are defined as "state, citizens, legal persons and other organizations".