Get A Prescription System Studies

Acquisitive prescription system is a civil law system, which originated in Roman law when the Twelve Tables, and inherited by most countries for the contemporary, whether civil law or common law countries the State has the relevant requirements. To obtain a prescription system for determining ownership of property, will only fight so very important sub-system function, and in the regulation of social relations, maintenance of social order play the role of other systems can not replace. Due to the Civil Code of the impact of the former Soviet Union, has not been established to obtain prescription system. With the establishment of market economy and the development of law, civil law scholars gradually became increasingly concerned about prescription system made, and made time in the market economy have reached consensus on the need, but in the system design, content arrangement, the scientific community is still differences. This paper discusses in detail the evolution of obtaining prescription system, drawing on the relevant legislation in other countries, targeted on how to design our system to obtain some useful time to explore. Besides the introduction and the concluding remark full of four chapters.ChapterⅠ: To obtain an overview of the prescription system. This chapter expounds the first time made the concept, nature, also made by studying the origin of time, in the Roman law on the formation, development, civil law and common law countries such as the development and changes, to understand the historical development of the system to obtain prescription Master to obtain some of the basic provisions of the prescription system and its evolution.ChapterⅡ: Acquisitive prescription system and related system of relations. Achieved through a comparative analysis of this chapter and the prescription system limitation system, and real estate registration system, good access to the system and related systems such as possession of the relationship between the system that China has established is feasible to obtain prescription system.ChapterⅢ: Constructing the System of acquisitive prescription. This chapter first time on the Establishment of the system to obtain legislative model was discussed, the current world there are three access modes: single mode, split mode, a unified model. Through the analysis and the pros and cons of three models with the reality in China, I believe that the separation model should adopt. On this basis, to the construction of China's aging system were made more specific design, the main focus on the establishment of the system elements of acquisitive prescription, the prescription system made of building the scope of the problem, China's construction made the starting point of limitation period, suspension and interruption problems should be made to increase the limitation on retroactive effect, and the court shall not take the initiative to get time to invoke the provisions of other issues, the author proposed building made of ideas and proposals prescription system.