Study On Domestic System Of Protection Of No Right For Possession

Possession which is an important institution of Property Law is considered an important real right in every modern civil law. Possession is a peculiar institution.Though it is not a right, but should be protected by law.Protection of possession is the most important part of possession institution, then protection of no right for possessionion is the most important part of possession. Therefore, it is necessary to study protection of no right for possessionion. There is some defects in Property Law which was carried out lately, so it is emergent to study protection of no right for possessionion institution.Firstly, this paper depicts basic theory of protection of no right for possessionion institution. To study protection of no right for possessionion institution, it is necessary to differentiate entitled possession and no right for possessionion, possession of good faith and possession of malice. Without this differentiation, all discussion will be ambiguous and blurred, which will not get the point. After concept preparation, this paper discusses the peculiarity of the protection of no right for possessionion institution and why the protection of no right for possessionion is necessary and reasonable in order to conclude that protection of no right for possessionion institution is the core of the possession system.Secondly, this paper discusses protection of no right for possessionion in the history of several civil laws systematically. Through the depiction of protection of no right for possessionion of civil laws of Roman, German, France, Germany and Japan, we can see which protection of no right for possessionion is desirable in order to provide experience for us.Thirdly, this paper elaborates on legal resources of protection of no right for possessionion of ancient China and concludes that there is no institution as modern protection of no right for possessionion system because of spiritual and social circumstances. Consequently, this paper discusses the efforts to establish protection of no right for possessionion institution from several Civil Law Bills to Property Law Bills, and evaluates these efforts. The research about history is not blame our ancients, not to reuse old institutions, not to stop learning and creating, but to make us realized that there are several handicaps in our way ahead so that we can overcome the coming handicaps and perfect our legal systems.Finally, this paper discusses the historical excellences and deflects. According to legal principles,this paper provides several advices in macro and micro level, which emphases on balance the interests of tenant in no right for possessionion, obligee and the third party to achieve fairness and justice.