The Comparative Study Of The Legal Effects Of Possession

In the dissertation,the author makes a thorough analysis and research on the effects of possession in four parts, which is the core of the system of possession. The first part is a research of the theoretical basis of the effects of possession. The second part and the third part is a textual research of the effects of possession, from both history and legislation of other country. In the fourth part, the author discussed the system of the possession in the property law of the PRC and give advice about the future legislation of the property law.The first part elaborated the theoretical basis of the effects of possession. Including the definition of the effects of possession, the relationship between the character and the effects of possession and the impact of the character on the effects of possession. In the analysis of the character and the effects of possession, various doctrines are listed and compared, the difference and its reason are seriously compared. It puts forward the author's opinion.The second part is a textual research of the historical basis of the effects of possession. From analysis of possession in Roman Law and Germanic Law, a conclusion are made that the modern legislation of countries and regions all over the world can traced back to Roman Law and Germanic Law.The third part is a textual research of the foreign legislation of the effects of possession. Thereinto, the effect of presumption is composed of the presumption of facts and the presumption of rights of possession, and the latter is more important. The effect of acquisition by possession include the bona fide possession and the acquisitive prescription. Both of them emphasis on protect the security of transactions and promote the best use of property. This is the result of interests balance.The last part is a design of the system of possession in our own country. The author gives a clear picture of the enlightenment we can obtain from the study of the effects of possession. In view of the deficiency of our country's legislation provision, the article offers its suggestion of improvement.