The Assumption To Getting Prescription In China

Usucaption regime is an ancient law system. In ancient law in Roman, the system existed already. It also has been established in western countries of families of civil law. In English and American countries of families of civil law, there is still the system similar to the usucaption regime.Usucaption regime is the law that the non-rightful owner continues to possess others property openly and peacefully with the excuse of practicing proprietary right and other property right, and the prescribed time, he eventually gains such proprietary right and other property rights. The following is the reasons why it exists and its functions to maintain the existing social order: to keep social stability and forbid endless separation between possession right and proprietary right or other real rights; to make the most of economic benefits of property; to urge rightful owners to practise their rights; to improve the efficiency of civil and commercial judge and overcome the difficulties in producing evidence and identification.There are four elements in usucaption regime: the occupier must possess movable property and immovable property willingly, peacefully and openly; the intention of possession must be good; the possession must be continuous; the continuous possession must reach the prescribed time.It is probable for presciption interruption and suspension to exist. The usucaption regime,the extinctive prescription and the goodwill acquisitive regime have their own functions that cannot be substituted.In china, movable property can be suitable for the regime with exceptions of such properties as vehicles, ships, aircrafts etc. Because in transferring proprietary rights, it is stipulated by lawthat the property must be registered, these properties cannot be generally included in movable property to apply to the regime. They should match the special stipulations about the transference of the proprietary right that the prescribed time is longer than that of ordinary movable property.About immovable property, if unregistered, it's occupier, after a certain prescribed period of possession, has the right to apply for registering as the possessor and gains the proprietary right from the day of registered. But if registered, it cannot apply to registered usucaption.In stipulating statutory period, the time of acquiring the proprietary right of movable property should be five years, that of registered movable property should be ten years, and that of unregistered immovable property should be twenty-five years. Meanwhile, the prescribed time of acquiring other property rights can be stipulated with reference to that of acquiring proprietary right of movable and immovable property. The time can also be suspended.