Movable Possession Of The Credibility Of The Study

The principle of public summons and public trust is the core of real right change, possession is the legal form of public summons of real right change of movable estate. There is a famous proposition, which is that possession expresses right According to this proposition, possession is the outside phenomenon of the real right, and there must be the right behind the phenomenon. The right which is exercised by the possessor on the movable estate can be presumed lawful, which is called the effect of presumption of possession. The appearance of right can make the third party have reasonable belief in the possessor's right of disposal, so when the possessor disposes of the holding, there will be a clash between the third party and the owner on the attribution of the holding, which can also be called the clash between static safety and moving safety. The two interests shall both be protected by the Law, but owing to the limitation of the principle of one object, one right, the Law shall protect only one of them. It has been a long course from protecting the owner's interest more to that of the third party, with the beginning of which, public trust began to germinate, the false expression of possession comes out, then it became effect of presumption of right of possession. With the development of market economy, in order to realize the ideal of protecting transaction safety, civil law entitled possession with the effect of public trust on the basis of the theory of right expression. Since the false expression of right is made by the original owner, which makes the third party's belief reasonable, so the original owner has to bear the risk caused by his belief on the possessor. The effect of presumption of possession is the basis and precondition of the system of public trust, and the latter is the former's form of use and result of development The public trust of possession doesn't protect all phenomena of unentitled disposal, but limits the effect target within the third party's good faith, from which we can see the system of public trust bears the morality of punishing evil and carrying goodness forwardThat the possessor is presumed the owner is reasonable under most circumstances in pre-modern society, but in the present age, separation between possession and right became a normal phenomenon, behind possession there won't always be ownership, which makes it not sufficient enough that possession...