The most direct purpose of making property law is to clarify the ownership of things and give full play to their effectiveness. This is closely related to the role of property law. The function of property law is mainly embodied in two aspects:
1. Stop arguing separately.
Shang Yang said in Shang Jun: "A rabbit ran away, and a hundred people drove it away. If you don't think of it as a rabbit, you can think of it as a hundred. It doesn't decide your birthright. Your husband sells rabbits all over the city, and thieves dare not take them. If you decide your birthright, you cannot decide your name. Yao, Shun, Yu and Tang ran together. Your birthright has been decided, but the poor and thieves can't take it away. " It often happens in life that a landlord sells his house to A for use. Later, because of the price, acquaintances and other reasons, the house was sold to B, and the house was transferred with B. Who owned the house? B can you ask a to vacate the house? There are many ways to solve the problem of selling one thing and two things, such as determining the ownership of the house according to the order in which the contract is concluded, determining the ownership of the house according to whether there is payment or not, and determining the ownership of the house according to whether the buyer actually occupies the house. Another way is to determine the ownership of the house according to whether the house has gone through the transfer registration procedures. All the above solutions have some truth. Without property law, different people have different views. With the property law, the property law stipulates who is the owner of the house from the perspective of maintaining economic order and market transaction safety. First, it is necessary to check whether the house has gone through the transfer registration procedures. If so,
2. After the transfer registration, the person registered in the real estate register is the owner of the house.
Although A bought it first, it didn't go through the transfer formalities. Although B was bought later, it has gone through the transfer formalities. The owner of the real estate register is B. Therefore, B has the right to ask A to vacate the house. Although Party A has not gone through the transfer formalities, the house sales contract concluded between Party A and the original owner is valid, and Party A can claim compensation from the original owner according to the contract. Therefore, relying on the rules determined by the property law, we can clarify ownership, divide disputes and stabilize economic order.
3. Make the best use of everything.
Things can be used by themselves, or given to others, and can be transferred to people with more business skills according to law. Property law leaves a lot of room for the obligee to make full use of property. The Property Law not only stipulates the owner's right to possess, use and benefit from the property, but also stipulates other people's right to use the property, such as usufructuary right and security right. At the same time, from the perspective of rational use of resources and safeguarding public interests, there are also many restrictions on the rights of obligees, such as the provisions of the property law on strict protection of cultivated land, the provisions of adjacent relations, and the provisions on expropriation and requisition. The purpose of enacting the property law is to give full play to the legal division of property rights and make the best use of everything, create a good legal environment for the obligee to make full use of property, and encourage the obligee to create and accumulate wealth. Make "those who have constant production have perseverance". Ensure living and working in peace and contentment, and promote economic development and social progress. Therefore, the property law aims at clarifying the ownership and utility of things.
Protecting creditors' property rights is one of the purposes of property law. This is mainly reflected in: first, through a series of rules to determine the ownership of property rights, clear who the property rights belong to; second, through the provisions of the methods and methods of property rights protection, the obligee whose property rights have been infringed can protect his legal rights. Third, by regulating the scope and exercise of state-owned assets, prevent the loss of state-owned assets and strengthen the protection of state-owned assets; Protect the collective property in rural areas and towns by stipulating the scope and exercise of collective property; Protect the legal property owned by private people by stipulating private ownership and different ownership of buildings by owners; By stipulating usufructuary rights and security rights such as land contractual management rights and homestead use rights, the right to use the property of the obligee is protected. In a word, one of the purposes of formulating the property law is to effectively protect the property rights of obligees, safeguard the vital interests of the broad masses of people, stimulate people's vitality in creating wealth and promote social harmony.
Constitution is the fundamental law and parent law of the country, and other laws are derived from it. The Constitution stipulates major policies, and other laws must embody the spirit of the Constitution and must not contradict it. Therefore, the property law must embody the spirit of the Constitution. The property law takes the basic economic system stipulated by the Constitution as its legislative purpose, the basic economic system and the implementation of the socialist market economy as its basic principles, and implements the spirit of protecting public and private property stipulated by the Constitution in the specific provisions for protecting state-owned assets, collective property and private legal property. The provisions of the Property Law embody the spirit of the Constitution.