A Study On Indirect Possession

With the rapid development of society and economy and more detailed social division of labor,the utilization of property becomes more and more diversified and complicated.However,in the 247 clauses of Property Law,there are only 5 clauses about possession and we can’t see indirect possession.Many civil issues are having been discussed drastically since the party’s conference.In the conference, compiling China’s Civil Code was put forward.The question about indirect possession was included.Whether and how to adopt the indirect possession,if there are some special tips about the constitutive requirements,acquisition and elimination,the legal value,how to distinguish the injury and how to protect it are controversial.For reasons above,the article are trying to study the indirect possession which is of great theoretical value and practical significance,and aims at having advantages to Civil Code,Property Law and their judicial interpretation,and providing guidance to the settlement of the relevant conflicts.The article consists of four parts:The first part pays attention to the question of whether to develop or abolish indirect possession.First,the article presents the reasons of the negative scholars from the points of protective function,continuous function,public declaration function and fundamental function.Then,from the point of disproving the view above,the article reveals the supporters’ points.Last but not the least,based on the both sides’ reasons,the article takes its stand,considering that we should adopt indirect possession.The second part attaches importance to the history and legislative samples of indirect possession.On one hand,the article looks for the origin,studying the possession in Roman law and the possession in Germanic law in the view of time.On the other hand,the article analyzes the legislative samples of German,Swiss,Japanese and the Taiwan region,aiming at to provide experience to China’s legal system.The third part sets forth the legal value about indirect possession.First,the article presents something special about the constitutive requirements,acquisition and elimination of indirect possession.What’s more,the article gives importance to the relation of indirect possession and other theory of civil law,such as creation of rights,acquisitive prescription,conceptual delivery and good faith acquisition.Based on the above,the article presents the importance of indirect possession.The fourth part thinks highly of the protection of indirect possession.First of all,the article explains how to judge the actions that infringe indirect possession.Then,based on Property Law,the article analyzes the protection thoroughly,thinking that the indirect possessor doesn’t have the self-remedy right and his right of claim and protection in Debt Law is different from the direct possessor.