Real Estate Possession System And Improvement

As the oldest and most common material domination status in human society, possession has played a most important role in the maintenance of property status quo and dispute settlement since the date of its existence. Possession of real estate is part of the possession, which has been one of the most important systems in property law from ancient times. Real estate possession system originated in Roman law and has been developed and improved in the civil law of various countries. “The French Civil Code” has made a clear fact nature of the provisions of possession, emphasizing the nature of possession is fact rather than rights. In German judicial practice, there is no objection to possession as a right, but also no denial to the relationship between the possession fact and right at the same time. Japanese jurists believed possession is a factual statue.Discussion of the validity of possession is necessary to explore the road of improving China's real estate possession system by learning the basic concepts of real property possession and the comparison of real estate possession systems in different countries. The presumption of real estate possession right refers to the right of possessor on the possessed materials and the law presumes it is law applicable and has this right.Although China's Property Law has made provisions for possession by special chapter, it is very brief and only has five clauses. In particular, it has not made more provisions on the possession of real estate, obviously there are many deficiencies, reflecting in no clear definition of the concept of possession, vague nature definition, possession classification and possession validity presumption, acquisitive prescription principle and possession self-help right of relief, etc. The improvement of China's real estate possession system shall first establish the complete real estate possession system, place possession prior to the various rights of “Property Law” as the basis of other rights, thus highlighting the important of occupation in property right. Define the concept of possession as the factual ownership of the possessor on the material, and it is a fact that the nature of possession is occupation. From different perspectives, the classification of possession can be divided into possession in good faith and malicious possession, direct possession and indirect possession, legal possession and illegal possession, autonomous possession or adverse possession, independent possession or common possession, etc. Systems including possession right presumption, acquisitive prescription and possession self-help system, etc.