Discussion On Rights And Obligations Between The Possessor And The Person Claiming For Repossession Right

Possession is very important part of real right system, while the core of possession lies in the protection of possession. This article does not discuss the full range of the protection of possession, but choose to analyze possession reply claim. Generally between the person in possession and recovery, there are custody, leasing, and other usufructuary right relationship or other legitimate legal relationship, the obligations and right can be resolved in accordance with relevant legal relationship. But if there is no legitimate legal relationship or the legal relationship is invalid or revoked, then how to determine relationship between the person in possession and recover? Although you can apply to tort or unjust enrichment, and no provisions for the management, but in order to protect the interests of bona fide persons, promote the best use of everything, there are other provisions in property law. This provision is essentially the relationship between the person in possession and recovery of possession, this article focuses on, our property law also provides them, but too brief, this article will be subjected to detailed analysis and comparative analysis with no provisions for the management, unjust enrichment, and tort.The full text is divided into three parts:The first section discusses the concept of possession and the reply of possession .I agree to define the possession from the temporal and spatial relationship between the person of possession and the object, the nature of the possession is a legal fact. Fundamental value of the Possession lies in maintaining social order and safeguarding the rights of the original rights holders, whether bona fide or malicious possession should be protected, so as to fully reflect the value of possession. To some extent, the possession should be designed to occupy as much as possible so that possession of material still in a certain time and space, not flow, so as to more adequately protect the rights of indigenous rights and the maintenance of a relatively stable social order. Purely objective, said the person in possession need not have any subjective state of mind, as long as the appearance of the form with possession, the protection can be obtained, witch can make possession of material still down, more in line with the value of possession, and is conducive to maintain a stable social order and the original rights holders rights. Property law on possession and reply of the possession's rights and obligations is special regulations, aimed at the full protection of bona fide persons, promote the best use of object. Reply possession claim system make a rational allocation between the person in possession and recover for damages f, risk, fruits, on the whole, witch can be thought as a debt relationship.The second section discusses the rights and obligations between the person in possession and recovery. Paper mainly discusses the right to the use of proceeds, possession of material loss, damages, and reimbursement issues. Between the person in possession and recovery .The three section discusses applicable relationgship between the person of reply of possession and the unjust enrichment end so on. the person in possession and recovery ,often with no provisions of management, unjust enrichment, tort relationship born co-existence. possession reply claim ,unjust enrichment and other claims applied absolute independence is not realistic, contrary to the purpose of laws. possession reply claim ,unjust enrichment claim and the other claim should be able to affect with each other, this can protect the possession reply claim ,unjust enrichment and other claims from competing incompatible or contradictory.