Abstract

The concept of ownership in law associated with the concepts in the fields of philosophy，politics and economics，but it is also different from the concepts in these fields. The concept of ownership，relates to many aspects of people’s life. We should analyze the concept of absolute ownership in modern private law，search systematic innovation of the institution of modern property law and do this research according to logical and historic coherence in order to find out the rule of evolution of ownership concept from the historic perspective. In order to analyze the rule of relative ownership in private law，we should use the methods of historic analysis，economic analysis and cultural anthropology.

The law of ownership in traditional civil law gradually grew up from commentary school，adapted to the development of liberal capitalism and stressed absolute ownership to the tangible property. With the passing of the days，the conception of liberal absolute ownership could not adapt to the reality when the liberal absolute ownership was restricted. The classification of ownership’s object is the premise of the construction of the system of ownership. With the developments of society and economy，it is necessary to classify the object of ownership，renew the definition of the ownership’s object and change the notion that the object of ownership was confined to tangible property. The development of object of ownership represents the trend of value. In contrast to theoretical renew of conception of ownership，the work of the legislation of property law is less and there is few corrections in the code of many countries in civil law. The legislators corrected the words that embodied the absolute property and property right decided by law strictly. Since the 20th century，the legislators have done this work in correction of the code of civil law but the new institution lack logical explanation in theory. On the conception of relative property，there is space for the property law decided by law and autonomy of the property in modern property which is conflict with the thought that internalize the exterior cost. The conception of relative ownership is more reflective and active in interpretation of civil law，but the motives have some regularity. Moreover，the adapt of relative ownership to social and economic development appeared that the system of property rights is excellent after assimilating the advantages and abandoning the disadvantages of ownership’s priority in private law in Continental recently，and making ownership equals to other property rights，and constructing the new and open system of the other property rights.