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Research On Acquisitive Prescription System

Posted on:2006-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:M ChenFull Text:PDF
GTID:2166360155957085Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The prescription system includes acquisitive prescription and extinctive prescription, which originated from the ancient Roman law, and has been followed by most countries and areas. In our country, acquisitive prescription has not been admitted for a long time. But now, with the development of market economy and the consummation of civil law institution, scholars have recognized the significance of acquisitive prescription and it has been involved in the drafts of Real Right Law and Civil Code. While a lot of problems about acquisitive prescription are worth further researching. This article is going to discuss several basic problems of acquisitive prescription deeply and provide some advices to the draft of Civil Code.The first part of the article explores the history of acquisitive prescription and compares the stipulations of that in different countries. Thus, we can grasp the regularity of acquisitive prescription.The second part of the article expounds the existence value of acquisitive prescription. It has the function of protecting ownership. It is the important means to safeguard the transaction safety. It forms the integrated prescription system with extinctive prescription. It can not be replaced by acquisition in good faith and registration system. It is necessary to build it in our country.The third part of the article discusses the essential elements of acquisitive prescription. They are mainly possession and passing the statutory period. Good faith is not necessary, but it can influence the procession of acquisitive prescription.The fourth part of the article discusses the scope of application. With the progress of history, the scope of application tends to expand. Ownership, usufruct of immovable property, real right guaranteed and incorporeal property rights are mainly discussed here.The fifth part of the article mainly discusses the legal effect of acquisitive prescription from three respects: effect, assertion and the...
Keywords/Search Tags:acquisitive prescription, essential elements, the scope of application, legal suggestions
PDF Full Text Request
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