On The Indirect Possession Of Civil Law

It is a controversial topic whether indirect possession that comes of Civil Code of Germany is necessary for civil law in China. This topic has confused a lot of academicians, and they have been disputing it till now. This paper elaborates that indirect possession should be abrogated from the following parts. Part I the Historical Evolution of Indirect Possession: In this section the author reviews the legislation of indirect possession of kinds of countries and then draws a conclusion that abolishment of indirect possession is more adoptable. Part II the Understanding of Indirect Possession's Nature: The concept of nature of possession is objectivity, however, indirect possession has changed the objective composition, and it has deviated from the nature of possession. Part III Denial of Function of Indirect Possession: In this section, the author criticizes and denies all the function of indirect possession and comes to a conclusion that the function has not existed. Part IV the Resolution to the Disputation Coming from Denying the Indirect Possession. In this section, the disputation will be solved better by introducing some other systems when denying the indirect possession. Part V Conclusion: In this section, the author will make a sum-up of this paper as well as making some analysis and suggestion of possession system legislation in China.