On June 26, 2020, the seventh lecture of Civil Code Forum of Wuhan University, hosted by Wuhan University School of Law, was held.

Chen Benhan, executive director of the Civil Law Research Institute of China Law Society, professor of Wuhan University School of Law, gave the seventh lecture on the theme of “From Real Right Law to the Real Right Part of Civil Code - Changes, Evaluations and Discussions”. The lecture was moderated by Zhang Shanbin, professor of Wuhan University School of Law.

Before the start of the lecture, Prof. Zhang introduced Prof. Chen’s academic achievements and sincerely thanked Prof. Chen for accepting the invitation to give the lecture.

Professor Chen mainly focused on the content alteration from Real Right Law to the Real Right Part of Civil Code, and explained the relevant rules and systems from the “Changes in the Real Right Part”, “The Evaluation of the Changes” and “The Discussion of the Relevant System of the Real Right Part”.

First of all, Prof. Chen introduced the content alteration from the legal provisions of the Civil Code, which have increased, amended, adjusted and deleted. The Civil Code added seven legal rules(Articles 219, 245, 248, 270, 306, 322, 366-371), amended six legal rules(Articles 278, 281, 341, 359, 388, 399, 406, 414, 415), adjusts the sections placed in the two legal rules(Articles 114-116, 117, 243, 245), and deleted two legal rules(Articles 224, 226,228,399).

Next, Prof. Chen made a pertinent evaluation on the basis of comparing the law provisions of Real Right Law with the legal provisions of the Civil Code. First, the content alteration in Real Right part fills the gaps in legislation; second, specifying the implementation of the legal system enhances its operability; third, the Civil Code has realized the return of the Theory of Property Act; fourth, some legal systems stipulated in the Real Right provisions still have room to continue to explore; fifth, some legal issues are still the unsolvable problems of the Civil Code.

Finally, Prof. Chen discussed the relevant system of Real Rights Part, and pointed out the shortcomings from theory and practice. First, our legislation on advance registration has obvious defects from the practical level and the purpose of setting up the advance notice registration. Second, the Civil Code’s negative attitude towards the preemption system (articles 248, 250 and 251) is not conducive to solving the problem of ownership of some ownerless property. Third, the nature of Land management right is very controversial, and legislators should clarify it. Fourth, the Civil Code does not show that the right of residence has specificity, and does not provide for the legal right of residence. Fifth, the reasonableness of legislators’ inclusion of atypical security contracts in the scope of Article 388 of the Civil Code is questionable. Sixth, attempts to pass through the unified publicity method and the legislation of the publicity organ will be contrary to the trading habits.

Prof. Zhang gave an incisive and comprehensive summary of this lecture, and once again expressed his sincere gratitude to Prof. Chen for his wonderful explanation.

The lecture was concluded with warm applause from all the teachers and students.

The Civil Code is the grand code of running the country well and giving the people peace and security. Wuhan University School of Law is committed to publicizing the popularization of the Civil Code, and promoting the implementation of the great strategy of comprehensive rule of law in depth.

Edited by Yuan Yuhang & Wu Liuqing