Acquisitive Prescription System Research

Acquisitive prescription is an old civil institution. It is a system that the nonpermissive occupation of another's property , which possession ,if continued for the period of the statue of limitation, will give the occupation the right owned by the person the legally entitled to possession. In essence, it is a reasonable choice between the usufructuary right and the ownership right? the interest of individual and the interest of the public. The institution comes into being as long as Roman Age and has been accepted by mostly countries in the world. But it is neglected in modern China, especially after the liberation of China.This thesis consists of five parts except the prefect and the ending. Words of this thesis roughly total .32000.The first part expounds the historical origin of the system of acquisitive prescription, at the same time, it also discuss the general situation about the system in mostly continental countries or regions, such as German?France?Switzerland.Part 2 explores the foundation of legal principle about the system of acquisitive prescription. At first, this part elaborates function of acquisitive prescription in different age of Roman, after close analysis, the author believes that the most function of acquisitive prescription in Roman still exist in modern society. Secondly, the author compares the acquisitive prescription with the prescription?bona fide acquisition?the principle of property publication. After considerable comparison, the author considers that the institution of acquisitive prescription can exist in modern legal system.An innovative part 3 very detailed analyzes the scope of application on the system of acquisitive prescription. After considerable textual criticism. We come to conclusion that the area of application is ownership of property and usufructuary right.The fourth part explores the constitutive requirements and legal force about the system of acquisitive prescription. After considerable analysis,the author considers that the interruptions suspension of prescription can't completely apply to the interruptions suspension of acquisitive prescription. Besides, we also believe that legal force of acquisitive prescription can't retroact and the judge can't invoke the acquisitive prescription directly unless the parties advocate their rights .The final part mostly analyzes the draft of China Civil Code .The authors believes that there are some flaw in the draft of China Civil Code, at the same time, the author puts forward some reasonable proposal to these problems.