On Protections For Possession Trough The Law Of Torts

Possession, as a law fact, is constituted by one’s possession intention and dominant ofthe object. Though not treated as Right, it is also an interest protected by law. On the basisof the Effectiveness of Presumption of Possession, possessors have the rights to preventany infringement. What’s more, Possession can also be protected by the law of Torts.From the final result aspect, there is no doubt that infringement of possession shall beliable for tort liability. Article2of the Law of Torts can be regard as the legal basis of theclaims. According to the difference of damage, the infringement of possession can bedivided into the infringement of the state and the infringement of the subject and affiliatedinterest. One typical application case is the contradiction of Article242and244; yet theproblem can be solved by legal interpretation. Thus we can make the conclusion that theliability and applied laws vary with the types of infringement.This paper is divided into five Parts. In the First Part, the author defines the concept andnature of Possession from the aspect of comparative law. In the Second Part, two questionsare answered. They are why Possessors should be protected and how Possession might beprotected in the Law of Torts. In the Third Part, the author takes the legal basis for thePossession protection claims in the Law of Torts as an entry point, then classifies thePossession infringement into two types--infringement of the sate and infringement of thesubject and affiliated interests. Then the application problem of Article242and244issolved by legal interpretation. In the Fourth Part, by explaining the Possession articles, theAuthor deepens to interpret how to choose different law articles to determine the liabilityof the possessor, owner and infringer. In the end, Conclusion is drawn that differentinfringers are required to undertake different Tort Liability.