On Request Right Of Possession Protection

The sense of civil law, possession, refers to “the object can dominate andexclude others in the force of law”. By this concept forms the basis of civil lawsystem that the formation of the possession system in the civil law. But the claim ofpossession protection, refers to “the person in possession of infringement may requestthe infringer to reply the complete state of rights” in the possession, as a kind ofpossession protection system extension and play a role, to maintain possession of theoriginal. Possession of legal publicity effect is presumption of validity and protectiveefficacy. Theory foundation and value orientation of system of possession and theclaim of possession protection system is stable and maintain the fact of possessionand related social order to guide the formation of benign trading ideas. The claim ofpossession protection and the claim of real right has space for independent, thedifference comes from the foundation of right of claim, the subject of rights, the legaleffect, the burden of proof, the exercise period.The claim of possession protection exercised subject should be the objective ofthe specific object implementing the possession, but legal person can become thepossessor, because it is an independent civil subject has the capability to carry outoccupation and domination full of specific objects, thereby forming a possession ofthe formation of social order based on. In the specific civil disputes or disputes, orstart the claim of possession protection often need to have the basic premise of somefact level. The basic premise of the claim of possession protection exercise aspossible, to be called the claim of possession protection exercise elements orconditions. The basic premise of the exercise of the claim of possession protection isviolated possession behavior objectively. The basic premise of the exercise of theclaim of possession protection is that the law forbids the existence andimplementation rules. The basic premise of the exercise of the claim of possessionprotection also lies in the absence of ground for elimination of misfeasance.Maintenance of the established order based on possession, the basic conclusion to besure not to exercise the claim of possession protection place in is infringed. In theindirect possession of the occasion, it is necessary to give the person in possession of the claim of possession protection. For the implementation and the claim ofpossession protection function of possession system ought to be considered, one jointpossession for a particular material possession and control have the right to claim andexercise of the claim of possession protection.The claim for request right of possession protection is the expected effect of theoriginal state possession reply facts. According to the types of infringement of the factof possession of different behavior, specific measures to protect the right ofpossession system will develop different trends, and from the right type of point ofview, the claim of possession protection will be divided into specific types ofdifferent, including possession, the right to request the return of occupies disruptexclude claim and share prevention of nuisance claim. Right of claim possessionrefers to return, may request the return of possession rights owner occupied in itspossession situation; occupies disrupt exclude claim, also known as holds the right ofclaim for excluding hindrance, refers to the possessor to hurt others for specificimplementation of the state completely realize the behavior, you can request the actortakes measures to exclude the right to claim possession against; to prevent prejudice,also called elimination claim possession of dangerous, refers to the person inpossession of the fact of possession on the specific object is a realistic threat ordanger, possessor can request the actor, eliminate nuisance threat or danger to theright. The law clearly stipulates that the legitimacy of the claim of possessionprotection of the exercise period, the claim of possession protection exercise period innature, can be attributed to the scheduled period or to its independent status theory.Researching on the basic theory of the request right of possession protection,although the problem is complex, but after the system analysis is not difficult to find,whether in academic research or in the practice of law, possession of possessionsystem and protect rights always to some extent with the system of property right andreal rights for living space. In fact, both in the basic orientation of establishing thesystem is along different directions, possession is concerned about the possession oforder and social order, and the right is concentrated to realize the attention ofindividual rights and shall not be infringed. Therefore, there does not exist afundamental conflict in the process of development, and should fully play a helpful role in their respective fields. With the continuous development of social economy,"possession" and related rights value will continue to expand, space system ofpossession and the claim of possession protection system will also continue toexpand.