Study On The Protection Of Possession

Possession system is an old system, have an important role in civil law. Tenure systemsare not only the basis of the system of ownership and property rights system, and acquired ingood faith, acquisitive prescription claims effectiveness of strengthening and inextricablylinked. Occupies the core of the system is the possession of the protection system; civil lawcountries have possession of the protection system. China is no exception, and separatecompilation system is arranged to give the possession of a higher status, but is extremelysimple rules on possession. This article is mainly the protection of possession of sorting out todo a system not afford to dream innovative breakthroughs or insights, but only on theunderstanding possession protect reasonable to initiate!This paper is divided into three parts. The first part is the analytic concept and the natureof possession. About the nature of the possession of the fact that the dispute and the right tosay, based on our academic said mining facts. Possession of the constituent elements need tooccupy the meaning of the same controversy exists, subjective, objective and purely objectiveby comparing the above several theories, this paper support the objective says. Finally, thepossession of classification and significance, occupies a different classification of thedifferent state, but associated with this article can be further subdivided into bona fidepossession and malicious possession not ownership of the right to the possession andunauthorized possession. Its range of interests protected by the possession of different typesof Finally possession protection purposes and possession of protected value, The occupies thepurpose of protection in order to protect the social order and the values embodied inpossession of protected fairness and efficiency.The second part is the possession of property rights protection, possession of propertyrights protection embodied in law the possession of self-help and public relief. Self-help,including the possession of the right to defense and the right to possession retrieve possessionof public relief refers to the right to possession of protection request. This section discussesthe constituent elements of possession of property rights protection: to usurp or prejudicepossession, contrary to the meaning of the person in possession, illegal sex. It occupies aself-help exercise the body, the time, the extent of the restrictions. Possession of public reliefthat occupies protection claim is divided into three: the return of possession right to request the right to exclude prejudice, prejudice prevents claims in this analysis of the threeconditions for the exercise of the right to request. The nature of the possession protectionrequest exercised during controversial, I support the view of the scheduled period. Thecontents of the claim of the right and possession are also focused on the distinction betweenthe protection claims.The third part is the core part of the discussion is the possession of the creditor protection.Possession of the creditor protection is divided into unjust enrichment and tort protection, andunjust enrichment claims possession is divided into two kinds of payment and non-payment.And tort law to protect the possession of this infringement possession of the right to claimdamages, this shall first discuss the specific basis for the possession whether tort protectedsubject matter, tort given possession of protection? Then paper analyzed the constituentelements and the Imputation Principle of infringement of possession. Finally, we should focuson discussing infringement possession damages, based on the possession of different typesand different, but the basic logical starting point is the possessor and recovery of the rightsand obligations of the relationship between the claimants. Specific differences about theinfringement damages possession specific income, expenditures, responsibility for damage,take the chart law to be cited.