The Study On The Acquisitive Prescription System

The acquisitive prescription as one of important system of civil law system,is the Important component of Civil Code of modern west country which belong to Civil Law Legal System.there is Similar system in most of the countrys which belong to Common Law Legal System.Acquisitive prescription which has the determination property ownership, the fate to stop struggles and so on very important system function, is playing the role which other systems cannot replace in the adjustment social relations, the maintenance social order aspect.Acquisitive prescription is always being negative in our civil law legislation and theory, which is attributed to the influence of the civil law legislation in the former Soviet Union.Over the last decade civil law scholars starts to pay more attention to the acquisitive prescription day by day. And gives many comments, the suggestion to how to construct our country's acquisitive prescription system.However, There are differences between academia in aspects and so on system design, content arrangement.By discussing in detail the Acquisitive prescription of Modern West country which belong to Civil Law Legal System,and the Similar system in most of the countrys which belong to Common Law Legal System.This article carries on some beneficial explorations targeted on how to design our country's acquisitive prescription system.Besides the introduction and complimentary close ,the thesis is divided into four chaptersThe first chapter is summary. By studying the Concept and essence of the acquisitive prescription,this chapeter makes us to further clarify the basic meaning and grasp the characteristic and essence of acquisitive prescription. At the same time ,this chapter explains acquisitive prescription is necessary by the way of studying the system function and the compilable scopes.The second chapter is the the historical development.By studying the Origin,the development in Ancient Rome and different countries.It makes the historical development of acquisitive prescription more clear and grasps some of the basic system and the evolution process. The third chapter is the essential elements and the function scopes of acquisitive prescription. This chapter is the focus of this artic.It studies some Basic theory and system requirements.First It studies the essential elements of acquisitive prescription.It is possession of the property and passage a ceitain period of time ;In accordance with the right type,Itdemonstrates whether this right such as Ownership ,usufructuary right, security righ ,orther property right could be applied to acquisitive prescription.It makes it clear which right type could be applied to acquisitive prescription. Finally, the legal consequences when acquisition prescription has fall in are discussed.The fourth chapter is the institutional arrangements of China's prescription system in the Civil Code. By inspecting the legislative style of acquisitive prescription system of Civil Law Legal System country, It points out our country should adopt unify existing system. It also analyses various solutions of conflict when two kinds of prescription both are kept.And,This Chapter Puts forward some proposals Against what should be included in our fulture acquisitive prescription system.