The Relationship Between Unauthorized Possessor And Reply Claimant

Possession system is the core system of property rights, an unshakable foundation status. In this paper, the system plays back possession claims as the core, from the right to reply to the request and the person in possession of the right to human relationships start to analyze the problem. When the possessor and recovery exists between the claimant borrow, lease, usufruct and other legal relations, then you can follow the relevant provisions of the law to resolve the possessor and recovery between the claimant possession of the person who occupies a possession the burden of obligations and rights enjoyed. However, if the person in possession and did not reply to a request legitimate human rights law or the legal relationship between invalid or revoked, that the person entitled to possession of the person in possession, then the right to reply to the request and the person in possession of the legal relationship of the human right to determine how? For this problem, in accordance with the provisions of any other law, from the perspective of claims processing, management can be applied without reason, unjust enrichment and violations of the relevant provisions, but from the perspective of property rights, according to property law have different approaches and different legal consequences. This paper discusses the person in possession of the right to reply to the request with the right human relations, that is, from the perspective of property rights, the relevant provisions of the analysis and discussion in order to brief on the Property Law and the provisions of the legal practice-oriented exploration.Text is divided into three parts:The first part discusses the basic concepts between the two as well as the basic relationship had said. I believe that the essence of possession as a control on the matter with a force of facts, and thus should be defined in the possession of the person in possession of the space-time relationship with possessions on the start. The tenure system is to maintain the fundamental value of a peaceful social order and the protection of rights of right holders, whether well-intentioned or malicious person in possession of the person in possession is not a moral classification should be protected. In other words, try to make a possession in a certain space in the stationary state, are more conducive to safeguarding peace and stable social order and the rights of rightsholders. The doctrine of the object relative to maximize still down, and more in line with the value of tenure legislation. Unauthorized possession of property law and restore people’s rights and obligations of the claimant belongs to the special provisions of the relevant provisions, which would aim to protect the interests of the person in possession and to promote the best use and to promote social and economic development.The second part describes the person in possession and the right to reply to the claimant’s rights and obligations between. Describes the right person in possession and recovery between the claimant claims handling costs possessions, possessions liability damage or loss, as well as a possession to use the proceeds related issues existing in the process, as a result of the provisions in this in Property Law provisions of the existence of omissions and provisions are too simple and practical operation resulting in the loss and other issues.The third section discusses the reply and the rights of possession of the right to request application of the system related to the relationship. Right to reply to the request and the person in possession of the legal relationship between human rights, often without reason on debt management, unjust enrichment, tort claims and other systems exist for the aggregation and aggregation relationship claims. I believe that allowing property rights of possession and restitution of unjust enrichment claims of such claim with absolute independence, is not conducive to the actual transaction processing, the system does not conform to occupy the legislative intent between the two can be mutually affect interactions with each other to meet the shortfall, and through coordination to overcome Reply claim possession rights system with inter-related requests arising due to the absolute lack of coordination competing or conflicting.