What are the four basic principles of property law

The property law includes four basic principles, throughout the property law, is the other specific provisions of the design of the general principles must be followed. In the absence of specific provisions of the law, the basic principles of property law can be applied. What is the importance of the four basic principles of property law, by the following content for you to make a specific introduction.

A, what is the basic principles of property law

Principles, that is, the observation of the problem, dealing with the problem of the criterion. The basic principles of the property law, is the property law directly or indirectly established, throughout the property system of the fundamental guidelines for the implementation of the law, including law-abiding guidelines, judicial guidelines, law enforcement guidelines and legal supervision guidelines. It is a concrete embodiment of the basic principles of civil law in the property law, is the essence and characteristics of the property law, reflecting the fundamental requirements of the civil society and socialist market economy, expresses the basic value orientation of the property law, is a highly abstract, the most general behavioral norms and value judgement of the property law.

Second, what are the four basic principles of property law

1, the principle of property law

The principle of property law, also known as the legalism of property law, refers to the right of property can only be based on the law, prohibit the parties to the free creation of property, and shall not be changed in the type of property, content, effectiveness and publicity methods. Including the type of property rights legal, legal content, legal effectiveness, publicity legal.

2, publicity, the principle of public trust

publicity is the establishment of property rights, the transfer must be open and transparent. The principle of publicity is to require the establishment of the right of property, the transfer of facts through a certain way to the public, so that other people know the status of property changes, in order to help protect the interests of third parties, to maintain the security and order of transactions. The principle of public trust means that once the acquisition and change of the right of property through the publicity, the parties have reason to generate reasonable trust, believe that the method of publicity to show the right holder and the right state is correct.

3, a thing, a right principle

a thing is a complete, independent thing rather than a part of it, a right is in this thing can only set up a title, that is, a thing can not have two owners.

4, the principle of distinction

The so-called property law principle of distinction that is, in the occurrence of property changes, the cause of the change of property rights and the result of the change of property rights as two legal facts, the establishment of their effective based on the principle of a different legal basis. Regardless of the cause of the change of property rights, the establishment of the cause and the change of property rights are not a legal fact, but two different legal facts.

Third, the function of the basic principles of property law

1, the basic principles of property law are the guidelines of property legislation.

2, the basic principles of property law is the subject of property rights to carry out civil activities adjusted by the property law of the basic guidelines.

3, the basic principles of property law is the basic basis for referees to interpret property laws and regulations.

4, the basic principles of property law is the civil law scholars to discuss the value judgment issues involved in property law, should weigh the main factors.

The four basic principles of property law include the principle of legal title, the principle of publicity and public trust, the principle of one thing, the principle of distinction, in the system of property law occupies an important position, has a certain practical significance, in the above content has made a detailed introduction for you to learn to understand. If you have other legal problems, welcome to log in free online consultation.