Study On Value Of Possession In Real Right Law

Possession and its relevant systems have historic features, which meets the concrete conditions of different times and countries with soft adaptation. Due to the differences between the Common Law system and the Continent Law system, the value of the possession under the Continent Law frame will be reviewed in this thesis.Possession system in the Continent Law system originated from the Roman law and the Germanic law. Possession system in the civil law of modern countries is the commixture of possession system in the Roman law and the Germanic law. Possession is written in the Real Right law in Continental Law countries shows the significance, which give us a base to go further study.Guided by this idea, starting with the origin of possession, the main body of this thesis have studied the general situation and value of possession from two aspects of tradition and modern, carried out explanation, analysis, comparison and demonstration, and then pointed out clearly that: in modern society, possession are parting from ownership, and returning to the field of utilizing propeity. Its value in real right law shows mainly in the relationship of possess and utilize property. Concretely speaking, possession, as the factual formulation of possessing property, constructs basic order of utilizing property and promotes fully use of property, to reach the relatively justice in the course of distribution of the newly-added resource and wealth, to meet the need to justice in our society. Be to ensure realizing the value of possession in Real Right Law, necessary judging has been carried out on location arrangement and concrete system in possession in Real Right Law finally.