Study On The Systematic Value Of Possession

In civil law, possession system has been occupying important status. It is not only important part of the real right law system, but also affects the whole civil law system. Possession system is a profound and complex system, about which there are many disputes. There are also many problems in the theoretical disputes in possession's concept, nature and presumption of scope. The value of possession system is even more controversial. The provisions of different nation's legislation are also different.The article starts from the source of possession system and introduces the conception, nature, constitutive requirements of possession system. Through analyzing possession' function, it expounds possession's separate value in real right law to perfect possession system, fulfill the values of order, justice, efficiency of real right law and make possession system play a important role in current utilization of property.This article is divided into four chapters. The first chapter introduces basic content mainly about concept, the historical development of system possession system and legislation of national.Mainly from the views of theory and legislation, it introduces the concept of possession and distinction between possession and similar concepts. In the part of historical development, it mainly introduces possession system's evolution in Roman law and German law. In the part of legislation, it mainly introduces provisions in German law, French law, Japan law, and the law in Taiwan region. In the part of possession's nature, it mainly introduces two kinds of disputes and evaluates the theory of fact and the theory of right.The second chapter analyzes the important value of possession system from the perspective of possession's status.First, the article teases out possession system's position in the real right law in Roman and German era. Then it introduces disputes about possession system's value and status in the modern real right law which includes mainly three different viewpoints. Meanwhile it states status's evolution of possession system from the perspective of history. At last, the author expounds his opinion:possession system should be of the basic status in real right law to show its importance and important valve.The third part analyses the value of the possession system from the point of its function.Firstly, a general historical study of the possession system is discussed, which describes the initial thoughts of Roman and Germanic laws. Secondly, theories of function of the possession system are introduced. Thirdly, from the specific function, such as the function of protecting and realizing rights, this part discusses the values of possession, namely, maintaining peace of social order and private life, and promoting the safety and efficiency and social justice.The fourth part tries to interpret the possession rules in,the civil law, to point out the weakness of the location of it, and to make suggestions.It firstly points out the significance of the possession system in the property law. Then it evaluates the rules in the law. Then it indicates the necessity and possibility of completing the rules. At last it makes some advice of completion to the possession system of the property law.