Traditional Culture Encyclopedia - Traditional virtues - Four powers of real right
Four powers of real right
1. Property rights can be divided into property rights and other property rights according to whether the subject of property rights is the property owner;
2. usufructuary right and security right can be further divided into usufructuary right and security right according to different purposes of establishment;
3. Principal property right and subordinate property right can be divided into principal property right and subordinate property right according to whether the property right is subordinate to other property rights.
4. The movable property right and the immovable property right can be divided into movable property right and immovable property right according to whether the object of property right is movable property or immovable property.
Why is the limitation of action not applicable to the claim of real right?
1, the claim of real right is the concrete embodiment of the effect of real right, which is included in the power of real right. As long as there is real right, the right to claim real right should exist. As the real right itself is not limited by the statute of limitations, the claim for real right, as a part of real right, should not be extinguished by the expiration of the statute of limitations.
2. The main function of real right claim is to ensure complete control of things, which is a unique method to protect real rights. If the claim of real right is extinguished due to the expiration of the limitation period, but the real right continues to exist, it will make the real right empty.
Legal basis: Article 1 14 of the Civil Code of People's Republic of China (PRC).
Civil subjects enjoy real rights according to law.
Property right is the right that the obligee enjoys direct control and exclusiveness over the specified object according to law, including ownership, usufructuary right and security right.
Article 115
Things include real estate and movable property. Where the law stipulates that the right is the object of real right, such provisions shall prevail.
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