Property Rights Claims System Established Based Research

Petition right on property is an important concept of Property right law in civil law system, providing the most direct protection for Property right. Consequently, Petition right on property is the focus of civil law study. This thesis, in the context of German Civil Code and from the perspective of the function of Petition right on property, discusses the reasons why Petition right on property has such functions, and indicates the irreplaceability thereof. This thesis consists of three parts: introduction, main contents and conclusion. The introduction mainly put forwards the background, and meanings of this thesis. Through a general description of the current study on right, and of the argument methods and configuration adopted by this thesis, the introduction expects to give a preconditional explanation for the studies below. The main consent is divided into four parts. Part one specializes in provision analysis. By making a relatively thorough analysis of Petition right on property, as set forth in German Civil Code, it discusses the prerequisite elements of Petition right on property of each different category, and generalizes commonly applicable prerequisite elements, thus laying a solid practical basis for the following arguments. Part two starting from the provision nature of Property right, focuses on the functions of Petition right on property, and the reasons thereof. It begins with the study on the concept of Actio in Roman law and later concept of Petition right, and then undertakes discussion about the functions of Actio and Petition right. After that, on the basis of analysis on Article 903 of German Civil Code, it points out that Petition right is the remedial method of identical nature within the scope of civil rights, and that the particularity of Petition right on property lies in the overriding of Property right. The overriding of Property right means that it shall be the normal status to have a full domination of the property, and it will be anomalous if the Property right is infringed. In the event of infringement on Property right, the most appropriate remedy is to make the Property right recover to the normal status of full domination. Petition right on property just meets the need of Property right. The executive effect of Petition right on property is neither paying damage nor punishing the infringer, but returning the property, removing infringement and eliminating danger. In other words, Petition right on property is the remedy for the overriding of Property right. Part three further indicates the peculiarity of Petition right on property through making a comparison between Petition right on property, returning petition right on the basis of unjust enrichment and damages petition right in respect of tort. In this part , a conclusion is reached that in the remedy system concerning Property right, each kind of petition right exercises functions within their own scope and is indispensable, however, Petition right on property is in a core position. Part four turns to make a concise analysis and comment of the "Property right protection" system specialized in "Property Right Law Draft", indicating the defects of the above draft. It is believed that the legislative mode to be adopted by China shall follow that of German Civil Code. Finally, the conclusion part sums up the whole argument and generalized the central topic of this thesis.