Occupies A Protection System

As a very antiquated one in civil law system,occupy system,once modeled after since Roman law,until the ear is every day graceful,again to close modern morals national law,About the theory occupying system and inference all the time contention of a hundred schools of thought,be worth being all the time affirmatively in every country civil law occupy system only continue to use,become gradually perfect moreover with the development of society.Occupy the component part being that ownership French is very important,boost the market economy making prosper and a lot of aspect such as developing,developing ownership law system being bringing the indispensable important effect into play in the peace maintaining society impartially.The protection of occupy is the major objective occupying the system setting up:The order stabilizing the thing controlling,promotes development of commodity economy.The middle that our country promulgates just now also deals with the regulation occupying protection, our country scholar is not enough to go deep into but to occupying the theory protecting system studying,much theory problem and leak is still demanding prompt solution,the brief simple analysis the main body of a book has been carried out on to occupying protection system,does out a little contribution to look forward to occupying improving and perfecting protecting system and developing to our country.The main body of a book is occupied together mark for four parts expound protecting system.PartⅠis examination to occupying the history protecting system.Ear having introduced Roman law and the day first holding that Man has modeled after protects system,this is the law occupying the system origination.And then have introduced that holding of continent genealogy of law few main countries protects system,the regulation,at last including the country such as Germany,France,Japan, Switzerland are brief have set forth the civil law regulation that once our country Taiwan area holding protects.PartⅡhas been theory about occupying a few bases protecting theory, has introduced that here mainly occupying the rationale protecting system, expounding to each theory;To the protection being unlike the type holding, if indirect holding,holding commonly and so on.PartⅢis about that the ownership holding follows protection,this is a priority part.Because of the academic circles dispute to here is bigger, every viewpoint is not identical.Author think of occupies person ought to have self force relieving right,is only important condition needing to set a limit for self force to relieve the right exercising strictly.Except that self force relieves right,occupy person have occupy protection request that right,when occupying the encroachment accepting the others private interests force,occupy person being able to owe encroachment person face to face exercise occupy protection request that right.PartⅣis about the law of obligation protection holding,says think of occupies the object being able to be called a depict about that the object occupying being able to become a depict or not has negative to speak and to affirm that the author agrees with a dead cert two kinds speaking.The compensation for damages type having expounded an once afterwards when being held by encroachment,has been among them,has distinguished the compensation for damages content that the be unlike circumstance being entitled to hold and having no right to hold,occupies when accepting encroachment also different to some extent.