The Expense Claim Of Unauthorized Possessor

Possession system is ‘the most incomprehensible part' of the civil law,and it is also the core and the most basic part of the real right system.Possessionis divided into authorized possession and unauthorized possession according to whether there is original possession right,and well possession and baleful possession is the re-classification of authorized possession.When the property of the right-holderis possessed by others without authorize,the claim of restitution of property will be the first choosethatmost of the right-holder will make.But the adjustment range of the claim is limited,the effect can be achieved is the return of the property.There are,however,other legal relationships between the right-holder and the unauthorized possessor,including the reimbursement of various expenses.Only effective adjustment of the legal relationship can solve the legal disputes between the right-holder and the unauthorized possessor.China promulgated the "Property Law of the People's Republic of China,“where Article 243 only provides the useful expense reimbursement claim to the well possessor.There is no provision for the necessary expense of well possessor,the useful and necessary expense of the baleful possessor.This has led to chaotic judgments in judicial practice,but also shows that our scholars in this area is not comprehensive enough and in-depth,a lot of theoretical issues and legal gaps which are the definition of the expense claim of the unauthorized possessor;the appropriateness of t the necessary expense of well possessor,the useful and necessary expense of the baleful possessor;the relationship between the expense claim of the unauthorized possessor and unjust enrichment systems and management still need to be resolved.