Claim For Returning Property Originate

Claim for returning property originated from action to property in Roman law, and developed in continental France, ultimately, it was established in German law, the study of German scholars on the right of real claim reaches a very high degree which is reflected in the German Civil Law. It has exerted a very important influence on the civil law of the other countries.There are the claim rights of property rights, the liability of tort and the application of the above aspects together in the legislative models of the relief of property rights. Rules of claim for return of original object have been set in current civil law system both in claims on property rights and in tort liability rules. In such dual-track system, returning of original object is sometimes treated as one of the forms of tort liability, sometimes treated as one of the form of claim on property rights in court practice. However, from the perspective of institutional content and function, claims for property rights system provides a complete protection for ownership and other absolute and free property rights. Treated as form of tort liability, on the contrary, it cannot provide complete legal relief in a situation that ownership and possession are separated from each other. When property rights are deprived, disturbed or feared to be disturbed, the claim rights of property rights should be applied in preference to the liability of tort considering the relationship of property law and tort law. In this way can we draw a conclusion that rules of claim for return of original object in tort law should be abolished and reserving claims on property rights in civil law system will work well to solve the velevant issues.Apart from introduction and conclusion, the dissertation consists of five parts.