Brief introduction to the connotation and classification of real estate rights and interests

Briefly describe the connotation and classification of real estate rights and interests. Hello, the concept of real estate should be understood from two aspects: real estate is not only an objective material form, but also a legal right. As an objective material form, real estate refers to real estate and real estate, including land and permanent buildings on land and their derived rights.

(1) Briefly describe the connotation and classification of real estate rights and interests. (2) Land use right, easement, mortgage right and lease right: A brief analysis of land ownership refers to the right of land owners to possess, use, benefit and dispose of the land they own within the scope prescribed by law.

Possession: the actual holding and control of the house is a prerequisite for the use of property.

Right to use: refers to the right to use property to meet people's needs in production and life according to its performance and purpose.

Income right: refers to the economic income or benefits obtained by ownership, such as the rent charged by the owner of the house for renting the house.

Disposition right: the right to decide the actual legal existence form and movement direction of property. Only the owner of the property has the right to dispose of it.

Who owns the property? This property belongs to your grandfather.

If you are satisfied, please press "Adopt".

The property right of the house belongs to your grandfather. You can ask for the return of the principal and interest after paying the rollover.

Briefly describe the meaning and types of consent system. The so-called "majority voting rule", also known as "majority voting rule", refers to the voting rule that a decision must be approved by more than half of the people. The essence of the majority voting rule is "the minority is subordinate to the majority". Because of the high decision-making cost of unanimous consent rule, most people think that the rule cost is the most commonly used voting rule in practice.

This paper briefly introduces the style of Word2000 and its classification 1, text editing, table editing, graphic editing, etc.

2. What is cleared is the content in the table, even if the table is deleted, it is killed.

3. The classification and function of styles is to provide some reference models, which are convenient and quick to edit.

4. The document outline can quickly change the "status" of the selected text in the document. Such as changes in title and content.

5. The same effect can be achieved.

What is the neighboring right? Briefly describe the essence of neighboring right of real estate and its difference from easement. Neighborhood right refers to the right enjoyed by the owner or user of real estate when dealing with neighboring relations. Specifically, between the owners or users of adjacent real estate, any party has the right to ask other neighboring parties to provide convenience or accept certain restrictions in order to reasonably exercise its ownership or use right. Neighboring right is essentially the limitation and extension of ownership.

Easement is a concept related to adjacent relationship. This is mainly because there are two kinds of legislative examples about easement and adjacent relationship in civil law system: one is to regulate the merger of easement and adjacent relationship, and the other is to regulate legislation separately.

Neighborhood right refers to the right enjoyed by the owner or user of real estate when dealing with neighboring relations. Specifically, between the owners or users of adjacent real estate, any party has the right to ask other neighboring parties to provide convenience or accept certain restrictions in order to reasonably exercise its ownership or use right. Neighboring right is essentially the limitation and extension of ownership. Firstly, there are two legislative examples of easement and adjacent relationship. Easement is a concept related to adjacent relationship. This is mainly because there are two kinds of legislative examples about easement and adjacent relationship in civil law system: one is to regulate the merger of easement and adjacent relationship, and the other is to regulate legislation separately. (1) merger specification and its reasons. The civil codes of many countries with civil law systems, such as France, adopt the mode of merging norms. In these countries, adjacency is also called statutory easement, and both statutory easement and agreed easement are called easement, which is stipulated in the chapter on usufructuary right. (2) Individual standardization and its reasons. Countries represented by Germany (Japan, Switzerland, etc. ) adopt the standard mode of standardization respectively. According to the mode of separate regulation, easement only refers to agreed easement (and easement obtained through limitation), which is regulated in the series of usufructuary rights; Statutory easement is regarded as an adjacent relationship and is stipulated in the chapter of ownership. The reason for this legislative arrangement is that the easement (agreed easement) belongs to the usufructuary right, and the adjacent relationship is only a restriction on ownership. It can be seen that the provisions of easement in various countries are not completely consistent. Then, what is an easement and what is the difference between an agreed easement and an adjacent relationship (statutory easement)? We might as well follow the French model and figure out what easement is in a broad sense first. Second, the broad sense of easement The right of the land owner (including the land use right holder in China) to use other people's land in a limited way in order to use his own land is the easement. Easement generally involves two plots, which belong to two owners respectively, and one of them provides services for the other. Among them, the land that needs to be used to make other people's land is called service land, and the land for others to exercise is called service land; Accordingly, the former landowner is considered to have an easement, which is called an easement owner, and the latter landowner is considered to have an obligation to provide services, which is called an easement owner. Therefore, from the place where it is needed, labor service is a right, and from the place where it is served, labor service is a burden or obligation. As a cheap right to other people's land, easement has two reasons, one is according to the law, and the other is according to the agreement of the parties. Therefore, easements are divided into two categories: agreed easements and statutory easements. As the name implies, legal easement is a cheap right to other people's land according to the law; Agreed easement is a kind of cheap right to other people's land based on the agreement of the parties. The reason why the law stipulates that a person enjoys easement on other people's land is mainly because it is impossible or inconvenient for him to use his own land if he is not given such a cheap price. The law stipulates easement obligations for the parties, so that their respective land can be effectively used. However, when there is no obligation of easement in law, one party can give the other party the right to use its land based on the agreement, thus resulting in the agreed easement. There is also prescription acquisition in the acquisition of easement, that is, peaceful, open (on the surface) and continuous use of other people's land during the statutory limitation period, and you can request registration as an easement owner. For example, A and B are adjacent, and A's original road leads to the expressway, but it has to detour. For convenience, that is, to give up the original road and change to B's land, B has never raised any objection out of affection. If this situation continues to the statutory limitation period (for example, 20 years), then Party A may request that the traffic facts formed by it be registered as traffic easements. This easement is based on legal provisions, but in countries that adopt separate norms, it is also recognized in the easement norms. At this point, the easement in the mode of separate regulation is not entirely based on the agreement of the parties. The difference between general statutory easement and prescription easement is that statutory easement can be obtained immediately as long as it has the acquisition requirements (most importantly, it is necessary), while prescription easement is essentially unnecessary, but after the statutory time limit, this fact is recognized by law and easement is obtained. So legal acquisition is different from prescription acquisition. The following legal easements (in the sense of neighboring rights) do not include prescription acquisition. In a word, easements in a broad sense include statutory easements, easements acquired by prescription and agreed easements. The easement obtained by prescription has some characteristics of statutory easement and agreed easement. The connection and difference between legal easement (neighboring right) and agreed easement (I) Similarities and differences between agreed easement and legal easement In civil law countries, easement is a right to other people's land, that is, a kind of property right. However, there are essential differences between easement and usufructuary right. These differences constitute the most important characteristics of easement, which are mainly reflected in the following three aspects: (1) It is the right to serve or attach to a specific land, and it is not the right to "land" but the right to "people". Losing the ownership or use right of the required land means losing the easement; Unless the easement is based on the agreement of the parties, obtaining the ownership or use right of the land to provide services is usually accompanied by the easement attached to the land use. For example, in order to avoid detours, A, the land user of A, reached an agreed right of way with B. If A transfers a piece of land to C, A naturally loses the agreed easement, and C naturally cannot obtain the agreed easement between A and B. Therefore, whether it is an agreed easement or a legal easement (neighboring right), the easement is basically a right to serve a specific land, and it cannot exist without a specific land, which is the easement in the property law. (2) The easement does not take possession of other people's land as its content or purpose, but only requires the other party to do some tolerance or inaction. Easements usually only give easements the right to use other people's land, so as to use their own land or use their own land at low cost. When the servant provides land services, he does not lose possession or even use of the land, but bears some burdens or inconveniences, which has no fundamental impact on his land in essence. For example, the adjacent right of way only gives them the right to pass, not the right to build houses or plant trees on the land; The right of passage of adjacent pipelines is limited to the right of pipelines to pass through and carry out necessary construction, and there is no right to the land or buildings that pass through. Therefore, easement is not a right to completely occupy and enjoy other people's land, but it is classified as usufructuary right in traditional civil law from the perspective of it is a right to other people. (3) Easement is not an independent property right and cannot be transferred, inherited or otherwise disposed of independently. This is an inevitable conclusion drawn from the above two points. Among other forms of usufructuary rights, usufructuary rights holders can basically use things like owners, and even some usufructuary rights (referring to superficies and permanent tenancy rights) can be transferred or inherited. Easement lacks this kind of power, but it is only a subsidiary right that is not independent, cannot be transferred separately and is attached to the ownership of the land under service. The author believes that both agreed easement and legal easement (adjacent relationship) have the above characteristics. The easement also has the same content. According to the use or mode of use, land services can be divided into: access to land services, water diversion or drainage land services, overlooking land services, lighting land services, ventilation land services, adjacent land services and so on. In addition, in the traditional civil law, soil (sand and gravel) easement, grazing right and expropriation right are also classified as easement, but this easement is essentially a right of acquisition or income, which is essentially different from other people's land use rights, so the author does not classify it as easement. In a word, easement is the right to use one's own land and have to use other people's land. Its basic function is to adjust the rights and obligations between different landowners due to the same use of their own land, so that people who need to use other people's land can use their own land smoothly when the adjacent land belongs to different subjects. Therefore, as long as the ownership or use right of land belongs to different subjects, there is an easement or a similar system. Perhaps countries have different titles for the right to enslave other people's land, or they have not given this right the status of real right, but there is always a norm to adjust the mutual use between adjacent lands. Therefore, there are easement systems in the two major legal systems in the world today. (2) The difference between the agreed easement (narrow easement) and the legal easement (neighboring easement) (1) The difference between the agreed easement and the legal easement mainly lies in the different rights basis or basis. Legal easement (or neighboring right) is obtained according to law, while agreed easement (or narrow easement) is produced according to the agreement reached by both parties voluntarily for easement or labor. There must be reasonable reasons for the law to impose service obligations on a certain plot or to give a certain plot rights. This reason is the natural need between two pieces of land, or because of topography, landform, location and distance, or in order to achieve the purpose of harmonious use of their respective lands, it is necessary for the law to stipulate obligations and give rights to one piece of land. Therefore, the legal easement (neighboring right) is based on the natural need that every landowner can use his own land within a certain range. Generally speaking, this natural demand is based on the proximity of land. However, the agreed land service does not need to be natural and necessary, and can go beyond the adjacent or adjacent relationship (of course, it is not necessary). A plot bears some obligation or burden because it makes a promise or consent. In other words, the agreed easement comes from the agreement of the parties, and there is no restriction on the natural relationship between the plots. Therefore, the main difference between the statutory easement and the agreed easement is that the basis for setting the two easements is not consistent, and the statutory easement only exists between adjacent (including similar) real estate owners; The agreed easement can be generated between adjacent real estate rights holders or between non-adjacent real estate rights holders. (2) Paid and unpaid legal easements (neighboring rights) are generally unpaid, because the burden of easements on land comes from natural needs, and it is against the purpose of the system to ask those who need easements to bear the expenses. However, in the agreed land service, a plot itself does not undertake such obligations. To undertake certain obligations, in addition to agreeing, it usually has to pay a certain amount of remuneration; Of course, if the other party does not advocate remuneration, it is also possible. In other words, the agreed easement can be paid or unpaid, mainly depending on the agreement of the parties. (3) Antagonism Because the statutory easement is based on the natural needs of the land and is fixed or permanently attached to the land, its easement or easement burden will not change due to the change of its land ownership or users. Therefore, the legal easement has the natural attribute of confronting the third party, or its confrontation effect comes from the land itself without other means of publicity. However, because the agreed easement originates from the agreement of the parties, it can only be effective to the third party after publicity. This means of publicity is usually registration. In other words, the agreed easement has the effect against the third party after registration. The easement registration usually records the easement burden in the easement register. Once the records are completed, people who need slavery can claim the ownership or use right of slavery.

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On the Connotation and Types of Majority Consent System —— About Culture

What is culture?

There are many definitions of culture. According to the statistics of domestic scholars, there are more than 500 kinds. I haven't seen the information and discussion about more than 500 kinds. Probably this is based on the number obtained by anyone who says what culture is, even if it is a definition. According to foreign philosophers, there are now more than 20 definitions. Perhaps this is a more authoritative work, and I think the latter statement is more credible.

Because culture has various definitions, and because some people are keen on tossing about in the definition rather than studying the culture itself, some scholars advocate that "it is best not to define it". I think this is to hope that people will concentrate on real basic research and not endlessly argue about definitions, rather than "defining agnosticism". Definition is the starting point and destination of research work, although the understanding at the time of departure will be different from that at the time of reaching the set goal, or even greater.

I quite agree with the following statement: culture is all material, system and spirit created by human beings. There are several points in this definition. 1. Everything that nature gives to human beings is not culture, such as rocks. Even what human beings created in the period of ignorance is culture. What non-human beings create is not culture, such as paintings drawn by monkeys, anthills piled by ants and nests built by bees.

Of course, any definition can't contain all the defined objects, and the edges of objects are often blurred. For example, how to define the works of art of mentally retarded people? This is worth studying.

Classification of two cultures

There are many opinions about the classification of culture. Some scholars have reclassified it from the perspective of teaching or learning. In my opinion, culture should be classified according to its own essential attributes, and then reclassified according to the characteristics and needs of teaching or learning. Otherwise, the categories are divided and analyzed in detail, but it is difficult to follow or make mistakes in specific operations.

Divide culture into three categories:

1. Material culture: the basic necessities of life

This is material culture, the main component of material culture, and the direct reflection of economic foundation and ideas in people's lives.

2. Social culture: art, folklore, religion, system, law, etc.

This is the main part of the superstructure.

Although art is mainly expressed by matter, matter itself is not, such as sculpture and painting.

Folklore is everywhere. It is actually the external representation of national philosophy in people's lives. But its sources (or decisive factors) are diverse: natural laws, life laws, relations of production and productivity, political system, academic schools, literature and art, religious beliefs and so on. But the whole folk custom is not a combination of these sources and decisive factors, but has been selected and processed by the nation, which embodies the national philosophy.

Religion transcends national boundaries and nationalities. Even foreign religions are national cultures. This is because if any religion wants to take root in a country or a nation, it must be integrated with the local culture, that is, absorb the nutrition of the local culture to adapt to the psychology and habits of the local people. In this way, the religions of all countries and nationalities have become an integral part of local culture. For example, Buddhism, Islam, Catholicism and Christianity are all foreign to China. Zoroastrianism, Nestorianism, Manichaeism, Judaism and so on. Was eliminated. Even in Buddhism, some sects, such as the "only knowing Sect" advocated by Tang Xuanzang, have rapidly declined and disappeared after decades of prosperity. The reason, in the final analysis, is that it violates the above principles.

3. Philosophical culture (including social life concept and aesthetic concept)

This is the core of the superstructure. What we usually see about the philosophical system is summed up by scholars, and it is the summary and generalization of the concept of national philosophy, not the concept of national philosophy itself. The concept of national philosophy is not only embodied in these works of the nation, but also permeated into various forms of the nation, namely the above-mentioned first and second cultures.

The ideas and concepts of the Chinese nation are dynamic, constantly absorbing all foreign cultures in the process of development and constantly enriching and perfecting them. However, China's philosophy, which has lasted for thousands of years, has its core and ever-changing "Sect", which is the truth of nature and society, subjectivity and objectivity explored by the Chinese nation. If we don't grasp this core, we will only see the trees but not the forest, and even talk about things and misinterpret the essence of things.

In recent years, Chinese scholars' research on traditional philosophy is in the ascendant and getting deeper and deeper, but we still have a lot of room to gallop, that is to say, the current research is far from satisfactory, and there are still many topics that we need to explore.

The three levels of culture cross and penetrate each other, and sometimes coexist in one. For example, architecture is a material, but its pattern, scale and decoration are all related to art, national habits and political system, and to national philosophical concepts. Even such a thing as "walking" is inseparable from this cultural system of the nation. China stipulated various walking methods and forms in ancient times, which also reflected. The concept of heaven and man formed since the pre-Qin period is always embodied in religion, folk custom and system. The infiltration and influence of social culture on material culture and philosophical culture is even more obvious and countless. For example, the influence of Buddhism on art, folk custom and system in China culture is also obvious. From Dunhuang art to old women's worship of Buddha, it is everywhere in people's daily life, which goes without saying. The influence of Buddhism on China's inherent philosophy and ideas is obvious. On the other hand, Buddhism has also received a lot of philosophical nutrition from China's inherent culture, adapting it to China, and finally moving towards the localization of Buddhism. For example, the Han nationality has paid attention to self-cultivation and introspection since ancient times; At the same time, China's philosophy guided people to join the WTO and did not advocate asceticism, which was very different from the early Buddhism spread in India. Buddhism retreated before China culture, and the theories of "everyone has Buddha nature" and "seeing nature is Buddha" became the important characteristics of Buddhism in China.

"Majority voting rule", also known as "majority voting rule", refers to the voting rule that a decision must be agreed by more than half of the people. The essence of the majority voting rule is "the minority is subordinate to the majority". Because the decision-making cost of unanimous rule is very high, most people think that the rule cost is the most commonly used voting rule in practice.

Majority principle is divided into simple majority principle and proportional majority principle. The most basic and commonly used rule is the simple majority rule.