Some Aspects On Acquisitive Prescription

Acquisitive prescription is refers to taking all meanings or as own benefit, holding other people's property peacefully and blatantly or exercises the property right (to hold), process legal rule period, namely obtains this property rights or other property rights legal systems legally. Acquisitive prescription is one kind of legal fact. But property rights or other property rights obtaining, then is the legal consequence which causes by this kind of legal fact.This article mainly carries on the elaboration from following several aspects to obtain the effectiveness for a period of time system existence the necessity:First, obtained the effectiveness for a period of time system outline mainly to aim at in the outline acquisitive prescription the concept, about acquisitive prescription system partial countries the correlation legislation as well as the stipulation acquisitive prescription system the significance three aspects to carry on the elaboration. About obtained the effectiveness for a period of time system partial countries the correlation legislation partial mainly to enumerate national and the local and so on Japan, Taiwan, France, Germany, Switzerland correlation legislation. About acquisitive prescription system the significance, mainly manifests in following several aspects: Is advantageous in the determination property in the complex commodity contact legal status; Is advantageous in the court prompt correct processing civil dispute; The real estate registration system consummation and the movable property good intentions obtain the establishment, cannot substitute completely acquisitive prescription system. The land law although separates from the traditional civil law system, but acquisitive prescription "not to lose in its civil law to obtain the method function to the land real right"; Acquisitive prescription is the maintenance normal social economy order, fully displays the public wealth effectiveness, the cultivation and development socialist market economy must.Second, acquisitive prescription constitution important document the analysis to obtain the effectiveness for a period of time the constitution...