What is a right in rem and what is its priority? Please tell me

Legal analysis: The priority effect of a real right, also known as the priority effect of a real right, refers to the fact that when a real right and a creditor's right are created on the same thing at the same time, in the process of realizing the right, the real right takes precedence over the intellectual rent slip creditor's right, and there are several compatible real rights on the same thing, except for the type of state otherwise provided by law, the real right established first takes precedence over the real right established later.

Legal basis: Article 241 of the Civil Code of the People's Republic of China The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

The priority effect of the real right, also known as the priority of the real right, refers to the realization of the right with strong effect to exclude the right with weak effect when there are several rights with conflicting interests on the same subject matter.

The strength of this effect is reflected not only between the property right and the creditor's right, but also between the property right and the property right.

The priority effect of a right in rem is twofold:

1) When the real right and the creditor's right coexist, the real right takes precedence over the creditor's right.

2) When several real rights coexist in the same thing, the real right created first takes precedence over the real right created later. That is, there is also the issue of priority between property rights.

1. How to distinguish between property rights and creditor's rights.

The effect of the right of concealment in rem takes precedence over the obligatory right. Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights. The creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law.

2. What are the differences between the validity of a contract and the validity of a property right?

The difference between the validity of a contract and the validity of a property right: The validity of a contract is the binding force given by law to a contract established in accordance with the law. The effect of the real right refers to the special legal effect of the real right based on the right of control of the real right and the exclusivity of the real right, and the real right has temporal and exclusive effects that can be realized only by virtue of the right holder's domination of the property, and can exclude the illegal interference of a third party, and it is generally binding on all unspecified persons other than the right holder.

Article 414 of the Civil Code provides that where the same property is mortgaged to two or more creditors, the price obtained from the auction or sale of the mortgaged property shall be repaid in accordance with the following provisions:

1) Where the mortgage has already been registered, the order of repayment shall be determined in accordance with the time of registration;

2) where the mortgage has been registered before the unregistered payment;

3) If the mortgage is not registered, it shall be repaid in accordance with the proportion of the creditor's rights.

For other registrable security interests, the provisions of the preceding paragraph shall apply by reference to the order of repayment.

The basic meaning of the priority of a real right refers to the strength of the validity of the right, that is, when several rights with contradictory and conflicting interests coexist in the same subject matter, the right with stronger effect excludes or precedes the realization of the right with weaker effect. Examining the relationship between property rights and between property rights and creditor's rights, the priority effect of property rights exists. This kind of priority of the real right is a manifestation of the exclusivity of the real right due to the direct control of the subject matter, and it is a strong legal effect given by the law to the real right according to the characteristics of the real right.

Priority effect between property rightsThe priority effect of property rights between property rights refers to the fact that according to the strength of the effectiveness of the property right, the existence of a property right with stronger effect or the exclusion of a property right with weaker effect or the realization of a property right with weaker effect is preceded by the realization of a property right with a weaker effect. The priority effect of real rights among them is to determine the difference in the effectiveness of real rights based on the order of the establishment of real rights. Generally speaking, the effect of the real right established first should take precedence over the real right established later, that is, the real right established first has a stronger effect, and the real right established later has a weaker effect.

For example, A first sets up a passage easement for B on his own land, and then sets up a water-drawing easement for C on the same service land. As a result of the exercise of the easement, C may also pass the easement. However, since B's easement was set up in advance and has a stronger effect than C's easement for drawing water, C's easement can only be used if it does not interfere with the exercise of B's easement.

The strength of the effectiveness of property rights is determined by the order of establishment time, which is essentially the protection of the right to control existing and vested things. Any kind of property right, as the direct right to control the subject matter, determines the residual range of the property owner's domination over the subject matter according to his own will and interests. No one must respect the scope of the property owner's domination and shall not invade the scope of domination and interfere with the exercise of the rights of the property owner.

This also includes the fact that a property right established later in the same subject matter can only be established under the condition that it does not invade or interfere with the scope of the property right established earlier. Otherwise, the property right after time cannot be established at all.

Civil Code of the People's Republic of China

Article 233:Where property rights are infringed, the rights holder may resolve the matter through means such as conciliation, mediation, arbitration, or litigation.

Article 234:Where a dispute arises over the ownership or content of a real right, the interested parties may request confirmation of the right.

Article 235:Where there is no right to possess immovable or movable property, the right holder may request the return of the original property.

Article 236:Where a real right is obstructed or might be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.