Reflection on the Criticism of Numerus Clausus

The origin of numerus clausus has its historical root and practical utility in protecting transaction safety. Some opinions against this principle lack empirical support, because rights outside statutory property rights, since utterly incapable of effective notice, cannot obtain a sort of absolute supremacy; therefore, various scenarios that propose to formulate property rights in accordance with customs and conventions are virtually impossible for technical implementation. Numerus clausus might restrict some rights of actors, but not their freedom to act, and as a result is not the opposite of the autonomy of private law. Translated from Journal of Jurisprudence, 6th Issue, 2004