Though numerus clausus is the basic principle in the traditional property law, viewed from sys-tematism, its contents are very uncertain, and it can't correspond with the change the publication of real right as well as the opening of the civil law system. These defects make it impossible to function well in the civil law system. To keep the stability and opening of the civil law system, it is necessary to give up numerus clausus and to set up numerus apertus based on the publication of real right. Moreover, the typical real right and the innominate real right should be paid attention to equally in the legislation. |