Research On Indirect Possession System

Indirect possession originate from German civil law.Chinese civil law does not admit indirect possession,but in theory there has been a difference between direct possession and indirect possession.At present,the domestic study on the indirect possession are rare,especially after the dispute,the property law does not admit indirect possession.There are very few rules about possession.The study of indirect occupancy system is the basic theory research,disputes in practice is rare.This article summarizes previous works,literature.Through the study of Roman law,German law,German law to understand the origin of indirect possession.This paper focus on the discussion of the constitutive elements of indirect occupancy,nature,the right to protect the indirect possession and the contact with other civil law system.This paper is a theoretical study,each chapter is in accordance with the analysis of the problem solving ideas,but this paper is a theoretical study of each chapter has its problems.The problem that runs through all the time is the value of indirect possession to the law of our country.The logical thinking of each chapter is as follows:first of all,introduce its production,and then analyze its own,and finally in the whole civil law system to study it.This paper divided into four chapters:Part 1 discusses the problems of indirect possession.Forward problem from the legislative and theoretical research.Mainly on component nature and problems in the civil law system.Part 2 is about the generation of indirect possession-This paper analyzes and summarizes tlhe possession system of Rome law and Germanic law,Possession of Rome need voxel also need for meaning,and the right of possession can be separated,but the Germanic law possession in order to usufruct as a symbol,attached to each other with the right,the right of possession has highlight function,with the same real estate can have multiple possession.The German civil law inherits the Rome law,and absorbs the German law on possession,which leads to the concept of indirect possession.Part 3 is the basic theory of indirect possession.First of all,the theory of indirect possession has three elements,but the author believes that it limits the space of indirect possession and puts forward new three elements.Secondly,the nature of possession is controversial,but the mainstream view holds that possession is a fact.Indirect possession and possession are different,the nature of indirect possession is not conclusive,the author supports the nature of indirect posse'ssion is right,but can not deny the value of indirect possession system.In the end,the author discusses that the right of indirect self possession should be given to the indirect possessor,and the protection of the right of indirect possession under various circumstances.Part 4 is the value of indirect possession in civil law system.Possession is the means of the publication of the property right,but the indirect possession is not.Indirect possession has the function of presumption of rights based on indirect owner's interests and litigation efficiency.Indirect possession can be a method of Bona fide acquisition.Indirect possession may apply Acquisitive prescription.Indirect possession is the basis of the concept of delivery,enriched the delivery of the way,improve transaction efficiency.However,our legislation is not scientific enough,this paper gives some suggestions for improvement.