The Study Of The Legal Effects Of Possession

It is possession for the human being that is an oldest and most common means of controling the object.It has borne the function of maintaining the current situation of the object and resolving the disputes on the object since it formed.It is the most complicated legal issue because of its abundance and complexity in the content.This dissertation contains five parts.Part one is about some fundamental problems on the possession,such as the conception and the nature of the possession.It is the basis of the study of the problem of possession to get to know the conception of possession.By studing the evolution of the conception of the possession,it can be concluded that the basic asssumptions of the conception of possession are false.So it is for us wise to give up the mode of concepting the possession by the physical and mental aspects.But it is not necessary for us to deny the conception of possession,and we should pay more attention to the "conception of use".Another matter related to the possession is the nature of the possession,which is not avoidable.The nature decides the content of its' system and the arrangement of the concrete substance of possession.By analysing the theories on the nature of possession,it is obvious that the nature is different in the different aspects. On the whole,the nature of possession may be transformed between the fact and the right(the right of possession).The recognisating of the conception of the right of possession extends the area of the basic rights to the possession,which is similar to the ownership and another real properties.The main clue of this dissertaion is the relationship between the possession and the basic rights to possession which is through the whole article,including the effect of display,the effect of assumption and the protecion.Part two is about the content of the effect of display of the possession. Because of the nature of absolutive and exclusive effect of real property,it is necessary to manifest thebasic imformation of the real property by the legal means.As one of the oldest way of display the right,possession appeared on the early time of the human society.Possession undertook the function of the display the real property solely before the recording system emerged.Because of the change on the means of control and use on the real property,the recording system(Buchbesitz) raplaced the possession as the means of display the real property,then the possession exitted the field of the display of real property.The value and the importance of the movable property has been recognised by the public step by step.Though the main means of display of the real right of the majority of movable property is possession,the latest trend of the security right of the movable property has weakened the importance of the possession,which influenced the effect of display of the possession in a certain degree.But the recording system of the real property impacts the efficiency of the trade,which retains the possession as a means of the display the movable property.So the trend of the development of the means of display is from the sole possession to a complex system.Part three shows general content of the effect of assumption.The recognising the effect of the assumption of the possession is based on the effect of display,which is in favour of the safety of the trade.It is stemed from the high possibility of the possessor as the person having the right to possesse the object to assumpt of the situation of the boda fide of the possessor and the person having the right to possession in the real property law.In order to balance the interests between the possessor and the real person owns the right,this kind of assumption can be denied through the abundant proof.The latest development of the law shows the recording system replaces the possession as the means of display the real property in a certain degree.But the recording system separates the relationship between the real owner and the possessor,which influences the faith of the pulic to the effect of the assumption of possession,especially in the field of the real estate.The suggestions on the establishment of the system of the effect of the assumption are based on the introduction of the contents of relative issues.Part four focuses on the effect of protection of the possession.The logic clue of the establishment and the development of the possession is to protect the benefits of the possessor through recognising the possession as a legal fact.The effect of protection the possessor is the fundamental content of the system of possession,which is relative to the other two effects of possession.The effect of the display shows the right to possession,the effect of assumption strengthens the probability of the right to possession, then the effect of protection benefits the order of the trade.Through the analysing above,it is concluded that it is essential to master the relation between the effects of the possession and the right to possession.Otherwise, there are two deficiencies on the current law about the possession of China which are concerned to the value and the system of the possession. Possession could be used to solve certain troublesome issues in China.So it is requisite to know the political,economic and the ethic backgrounds,which is good to reset the system of possession in China.The last part of this dissertaion is to summarise the conclusions of the whole article and put forward several valuable advices in order to perfect the system of possession in the real property law of China.