The Origin Right Of Titular Possession Based On The Identity Right Of Family Law

Based on the origin right which behind the facts of possession exist or not, possession can be divided into titular possession and untitled possession.under the concept of titular possession, as the branch of property right, the right in tern and creditor’s right has the obvious property attribute. For this reason,that two kinds of right could be the origin right of possession is no doubt. But could the identity right from the family law be the origin right of titular possession? There is some controversy in the theoretical research. The fundamental reason is that in according to the partition of the nature of right, identity right is a branch of family law. It dosen’t belong to the scope of property rights. However, if we exclude identity right from the origin right of titular possession, the result is and will not conform to the stipulated in the legislative practice. This paper intend to explain that make the identity right to be the origin right of titular possession has certain feasibility by analyzing the property attribute of three kinds of typical identity right.First, this paper introduces the concept and the historical origin of titular possession, and classified the origin right into three kinds, and based on it, this paper would introduce the property attribute of all kinds origin right next. For illustrating the attribute is the reason of all kinds right could be the origin right of titular possession. Second, this paper explain the historical developing process of property attribute of the identity right by analysis the property attribute of identity right from family law in detail. And expain the effect to legislative activity of various countries(regions) in continental law system which made by this kind of change. And on this basis, comparing current law of our country and the property attribute of major law in continental law system countries(regions). At last the paper point out the flaw of our country’s current law, and put forward suggestion, wishing to take beneficial effect to legislative activities of our country.