Possession Of The Basic Theoretical Issues

Possession is surface of real right, and basic power of real right. Possession has elementary meaning. If only we want to comprehend possession deeply, must we study the history of possession. In history, there were two sorts of possession. one was possession in Roma law. When possession was afflicted with ownership, Roma law would protected possession to Stabilize property order The other was Gewere in german law. Gewere was a nuclear concept in German law. Gewere is distinguished by direct-possession and indirect possession. Possession with right is a power of right and possession without right is a fact .Many nations be modern times inherited and developed the two sorts of possession. We should stipulate a overall possession, including direct possession and indirect possession, possession with right and possession without right, possession for oneself and possession for others. The object of possession is matter. The person of possession dominate the matter for himself or others. The validity of possession is a key issue. The first validity deduce of right. The second validity is deduce of affairs. The third validity is relationship between person and person who claims to return possession. The protection of possession is a important issue, too. There are two ways to protect possession. One is the way by real right, and the other is the way by credictor's right. In China, a overall possession system is very significant to elaborate matter's usefulness and to stabilize property order. And we can stipulate the order of prescription acquisition.