Research On Acquisitive Prescription System

The so-called acquisitive prescription is no ownership rights to exercise, in flagrant and peacefully continue to occupy other movable property, real estate or other property rights, after the statutory period, is legally obtained the property ownership or other property rights system is one of the ways in which the property access. The earliest acquisitive prescription system began in ancient Roman law. Prescription and limitation of the traditional civil law on prescription. In accordance with the relevant provisions of the civil law countries, the acquisitive prescription to take effect, you must have certain elements. The effective establishment of acquisitive prescription, on the one hand, to obtain possession of the occupants of ownership and other rights in rem, and on the other hand, the original owners lose ownership and other rights in rem. Obtains the effectiveness to be able to establish effectively, the most important condition is the holder holds other people property's fact condition continues to achieve the statutory period uninterruptedly, but holds the fact condition also because of certain matter's appearance to interrupt, this constituted has obtained the effectiveness the interrupt. So-called obtains the effectiveness the interrupt, is refers to obtains the effectiveness carries on the period, as a result of certain matter's appearance, cause already process effectiveness period belongs to invalid, after treating the interrupt matter eliminates, effectiveness period begins reckoning system. According to the interrupt matter's difference, according to the traditional civil law theory, may divide into it the nature interrupt and the legal interrupt. Obtains the effectiveness the interrupt had causes already process effectiveness period belongs to the invalid potency. Obtains the effectiveness the applicable scope including the property rights and his real right, because concrete various countries stipulated that different differs from. Obtains the effectiveness and obtains is the concept which immediately two easy to confuse, but studies obtains the effectiveness system, must define clearly both's relation and the difference. About our country civil law whether should set up obtains the effectiveness system, between the scholar has had the different viewpoint. In view of the fact that obtains the effectiveness system's importance as well as our country now financial circumstance, the author thought that the reality of laws releasing does not have the stipulation to obtain the effectiveness system is a slight defect, our country civil law should set up obtains the effectiveness system, like this may cause our country socialist laws system to be more perfect.