Study On System Of Possession In Civil Law

In civil law, the possession system has been playing an important role,it is not only an important part of property law, but also affect the entire system of civil law.Because of its broad and profound content, there are a lot of controversy in the possession of the system, especially with respect to the concept and nature of possession,different legal systems and the legislation of different countries on the provisions are not the same.This paper starts from defining the connotation of possession, although the public opinions on the definition of the concept are divergent. possession, but most of them contains a mean that in fact the person in possession can be carried out of control, in which governed by possession to exclude. By defining the concept to establish the logical starting of the possession system, thus to discuss the basic theory problem such as the classification and value of possession. After recognizing the basic theoretical issues, we begin to explore what occupy actually are? rights or facts? By comparing the different legislation and starting from the root causes of being protected by law, we will know that although its initial state shows the dominant of the person to possession, it looks like the control of fact, but in the possession of by virtue of a control can get some interest, and this interest to obtain legal recognition and protection to its effectiveness, in possession of legal system at the same time, has become a kind of independent right. As a kind of right,possession has its publicity effect, the presumption of validity, effectiveness, protective efficacy.These are The theory basis of some principles like the public trust principles,the bona fide acquisition of real estate, the acquisitive prescription of legal principles in modern civil law. The effect of the presumption of possession is the foundation of self relief right and the protection of right. Based on the important role of the system, many countries and regions in the civil code provisions on share detailed, such as the German civil code, Japan civil code, it also improved the system of real right in possession sound system at the same time. But the real right law of our country does not have a place to be fully affirmed, with only five provisions to support the possession of articles, and the article is set in the "property law" distal, occupy only as a function of ownership to play its role, which has no independent property rights,poor law leads to the possession system can not really to play its role, at the end of this paper will be based on the lack of provisions of the possession system in ourcountry in the "property law" makes the analysis, in the possession of the relief of the suggestions, through the provision of the right to self-help, possession of possession system construction of litigation in order to improve the property law, play order,justice value, the possession system plays a role in the regulation of the use of property.