| The traditional interpretation of the doctrine of numerus has resulted in the rigidity of the law of things and therefore cannot meet the need of social and economic development. Due to their different nature, different types of right of things have different status and roles in the legal system and social life. rights of things can be divided into two categories : basic right of things and functional rights of things; the former mainly include usuf runctuary rights such as ownership and right to the use of curtilage, pawning right, and right to the use of natural resources; the latter mainly include right to mortgage, right of pledge, guarantee of alienation, and lien. The basic purpose of creating the functional right of things is to guarantee the realization of creditor's right through the exercise of basic rights (such as ownership). Basic rights of things should follow the doctrine of numerus while functional rights of things may be f reely created by parties. |
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