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Summary: Claims Act and the principle of freedom of contract as opposed to the implementation of Real Property Law legal, civil law countries this is one of the basic principles of property law. China's Cover any legal principle, a high degree of abstraction and generality respective fields, so it is necessary for the application of specific issues to their refined. In this paper,[link widoczny dla zalogowanych], Numerus made a more comprehensive explanation, and the relaxation of Numerus put forward their views.
Keywords: property rights for common law judicial interpretation of statutory ease

One Numerus basis
We all know, is the autonomy of private law the three principles of modern civil law (private law, the absolute ownership of their own responsibility) one. Individuals may in its decision to form a private law means the rights and obligations. This principle is reflected in claims law (contract law), the is the freedom of contract, the parties have forced the legal provisions are not contrary to public order and good morals within the meaning complete freedom of creation according to their rights and obligations. In addition to the type statutory contract, the parties may create unknown contract. In contrast, the property law is to impose a legal doctrine, the creation of exclusive property of the party autonomy, Why is the implementation of this unique property law principles? The main reason to the following points:
1,[link widoczny dla zalogowanych], based on considerations of historical reasons, that is finishing the old property, to prevent the resurrection of the feudal property. Feudal system of property rights system and the identity of the combination. Not only in the same land, because of the different needs of their privileged status, the establishment of overlapping ownership. And privileges because of status, so that property into a human dominated, this is not modern human rights thinking, it must order from the old property rights system, so the identity property from the domination of a pure property rights, the so-called freedom of ownership. Old property order is completed, that is fixed by law and prohibits arbitrary creation, in order to prevent the resurgence of feudal system of property rights.
2, based on the absolute nature of property rights. Claims the right to request, with a relative. Contracts take effect only between the parties, but in principle, for the third set neither the right nor obligation of whom set. Because of the content and effectiveness of credit has nothing to do with the third person, so the two sides agreed to allow and will not harm the interests of a third party, not by law be forced to their type and content restrictions. As an absolute property right, there is direct control of, and can fight the general. If you allow the parties to the creation of custom or contract, is detrimental to public interest. If you give a general right to property law on the protection of the interests of others is far greater than the damage claims. Property rights must therefore be to limit the type and content.
3, based on the need for publicity. Property and Real Right close to the legal, property is a very important statutory function is to facilitate the publicity. Abstract in the real property to achieve its absolute and exclusive absolute, it must be recognized by the appearance of a form of movable and immovable property registration, and to take possession of such a mission. However, subject to their physical properties and structural mechanisms, possession and registration forms can not afford to show a variety of property rights. Despite the legal possession of all movable property is the appearance of form, but without the parties or the existence of a pledge lien circumstantial evidence,[link widoczny dla zalogowanych], it can only be expressed as property ownership. Registration can carry more and more complex information, but as long as the registration records to review and rely entirely on manual registration, even without considering other costs, a single registration authority for the work to reduce the cost and the cost of the collection of information traders, only registered objects property can be simple and straightforward, and can not allow the rights agreed by the parties. It is precisely because the form and effectiveness of publicity is very limited, difficult to claim that property rights to freedom, the type and content will become the only way of statutory.
4, based on transaction security and convenience needs. Right there on the effectiveness of the world, should strive to change the transparency of its gains and losses. Only the legal property of the type and content, most people can clear the ownership of property. Property will be only through the legal doctrine of statutory property type, property, order to clear,[link widoczny dla zalogowanych], the transaction can be safe and transparent.
II Numerus content
Content on Numerus, under the Two elements that numerus: first, not the creation of property rights law does not recognize. For example, set the movable property of others usufructuary right, the doctrine known as Some scholars claim the effectiveness of property rights, publicity methods should also be included in the. I agree with Mr. Yin Tian's view that the legal principle that the interpretation of the property, in addition to there should be attention to its historical background and values, should also be placed with the claims of the corresponding perspective. 1, the validity of any of the rights derived from the law, the effectiveness of such property, the validity of claims is also true. The parties can not agree to change the validity of claims: claims not to change by agreement of the relative effectiveness, so that the third party binding. Thus, the effectiveness of the legal nature of property and property related legal principles. 2, the absolute requirement of Property Right of establishment and changes in the legal manner must be publicity, publicity methods shall be agreed upon by the parties. But the claims do not need publicity because of its relative, the natural method does not exist if the publicity the issue agreed upon by the parties. This perspective, the real right way of statutory sexual content as Numerus will lack meaning.
In summary, the legal principle of property law should be confined to property of the parties will create the deprivation of liberty, property type and content of uniform provisions must be made by law.
III Numerus Narrow and broad law divided. The law refers only to narrow the laws enacted by the NPC and its Standing Committee, including the Real Property Act and other laws may be required, such as the Land Law, Mineral Resources Law, Forest Law, Water Law, the Fisheries Act and so on. Broad law also administrative regulations, local laws and regulations, including the judicial interpretation.
Numerus the
1, under the 2, China's laws other than the law; in the National People's Congress in session, the NPC enacted partially supplement and amend laws, but laws are not contrary to the basic principles. are part of the basic civil laws, the State Council and its various ministries, local legislature has the right to make rules. 3, from the legal effect of the rank relations, lower than the upper law law, law ibid bit lower in conflict law is invalid. Law clearly defined upper and lower law in content and form can not go beyond its provisions. State Council administrative rules, regulations, provisions and other property types and if the content, beyond the scope of its authority, and the laws enacted by the NPC and its Standing Committee, conflict, should be null and void. 4, from the point of view of value judgments, property interests of the general third great influence on property law in setting the type and content, must carefully consider the interests of the Parties in equity. Field of view by the legislators, interest check, business level and other factors, comparatively speaking, the laws enacted by the NPC and its Standing Committee can reasonably equitable interests of the parties to the main body, good protection of the legitimate rights and interests of bona fide third parties, and rank legal norms more likely to have lower omission.
A violation of the legal consequences of Numerus
Property Law provides only for But does not specify the legal consequences of violating this principle. I think this is a major omission legislators. Very poor sense of public property law in China, few people without legal training know this principle. Although the civil law countries the legal property of fresh legal consequences for the violation of specific provisions, but in our country is very necessary.

property law if the law violated the principle of specific consequences,[link widoczny dla zalogowanych], the law should be based on the regulations. For example, the the people's court shall not support.
If the law does not specifically, if the agreement between the parties violated the prohibition law, it should be held invalid, the property does not occur is expected to set the effect. For example, although the nominal parties to use Mortgagor objects, there is no right to pledge, or the law does not permit the physical setting mortgage pledge. Property these settings, simply can not occur on the Property Law