On The Claim For Returning Original Property And Collateral Claims

Since The Real Right Law of the People’s Republic of China was adopted andpromulgated for effect, it has played a very important part in protecting citizens’ realright. Citizens can take advantage of right of claim for real rights to protect theirrights. Among the rights of claim for real right, the claim for returning originalproperty is the most important one.But the claim for returning original property isprescribed in two different chapters——Chapter3"Protection of Real Right" andChapter19"Possession ". So the author devides the claim into two types——claim onthe basis of real right and claim on the basis of possession. And along with it,thereare some collateral claims.Apart from introduction and conclusion, the dissertation consists of four parts.The first part is the outline of claim for recovering original property and thecollateral claims. In this part, the author disserts the notion、nature and types of claimfor returning original object and other claims attached.The second part is dissertation about the claim for returning original objects onthe basis of real right. In this part, the author disserts the claim’s constitutiverequirements and legal effects involving right holder、the counterpart、the object ofright、burden of proof、limit of time,etc. But not all the real right holders can exercisethis right, who must have possessory right. The third part is dissertation about the claim for returning original objects on thebasis of possession. Similar to the former part, this part disserts the constitutiverequirements and legal effects at length. The right holder includes all theoccupants,regardless of whether he has right. And the second part has disserted thereal right holders, this part no more discuss them.The fourth part is about the collateral claims of claim for restitution. In this part,the author disserts the claim’s constitutive requirements and legal effects. When thesecollateral claims are exercised, the results will be different according to the nature ofpossession.In the part of conclusion, the author summarizes the former parts propose someshortages. And it is hoped the suggestions can draw forth more valuable views tomature out country’s law of real right.