On The Protection Of Tenure

Right in possession, deserving a protection, has become consensus"Protection" for numerous scholars .This "Protection", seems to be very weak inthe rightness about the research of civil law real right. In the past, all methodswhich use protection ownership act for the whole real right system of protection.However, when other real rights fight strongly at ownership system, Right inpossession seems to be old, falling behind to their own protection methods.Traditional theory form disintegration and afresh, then construct its new real rightsystem, right of use, uses benefit right, the land servitude, borders right, contractsright, the leasehold, guarantee right, mortgages right, also have right inpossession to wait each real right system to getting current law to relocate. Thoughexercising these rights hasn't moderate with mutual, still uncoordinated,contradictory and flaw, they shouldn't accept an adjustment of traditional normonly, making several law the relation loses the value and the meaning of oneself inthe same of category. They deserve right on the assertion of equal, deserve theprotection in keeping with oneself, It is a challenge to traditional way of doings.This text is exactly according to this, which carries on a general research up to thecivil law right in possession, that should get protective angle from rights inpossession, analyze with the observation rights of possession as independent realright, law should hand for a explain how to give confirm and protect.Understanding of the right in possession have a conflict, hard define, Rightin possession to exercise to have Relation with other real rights, making the natureextension that people affirm the whole process with right to relate to same law, torelate to several laws and law process to mix together to know ,thus become eachdifferent conclusions. I think it is because that knowing habit last. Judging from theright qualitative analysis of the process in different stages, we can produce moredeep understanding towards possession. This is the one indispensability step toclear out these rights law relation and right nature .Right in possession is alsosuch .And it has the difference in possession between right in possession,proprietary right and other properties, alteration of rights in possession andexterminating, rights in possession resist ownership and resist the situation of otherreal rights. In the real right system, rights in possession is easiest weak andencounters an arrival to violate from the power source, being also contracted forpower and leased powers etc. to destroy easily, as a result, needing to get lawconfirmation and valid protection, becomes necessity.This text regards right in possessions as research object. Speaking fromnature possession conflict, elaborated establishment rights of possession as neces- sity, try to look for protection foundation theory and society value onpossession.The point lies in researching in how to protect fight in possession. Putforth effort study real right to right in possession, the method of the rights inpossession and the process of the contents and rights of possession analysis in themethod, put forward the suggestion and the viewpoint about right in possession tobe subjected to equal treatment in the real right method of the system finally.According to think above, this treatise carry on the following 4: Section 1,whichelaborate property nature to affirm in real right system, mainly mentionpossession theory it contend for, build up rights of possession for the core ofpossession system of necessity, to right in possession know of tum deeply; Section2, right in possession protection path choice, mainly speak of right in possession tobe subjected to a protective condition, relief from violation, the possessionprotects claim, possess it tell with this right it tell, different type possession inprotection ,etc. section 3, which elaborates protecting process about right inpossession, mainly from a dynamic state, to study legal possession obtained todeserve a protection, right in possession of the legality exercise to deserve aprotection, possessing in the legal term to deserve protection, right in possessionexterminates to deserve to protect. Section 4, which elaborates right in possessionprotection in the equal treatment in the real right lawmaking, mainly mentionsright in possession in the real right lawmaking should give a value position.