Research On Acquisitive Prescription In Portuguese-speaking Zones

Acquisitive prescription is a civil law system,which originated from ancient Roman Law and inherited by most countries,however our legislation has not adopted acquisitive prescription.Along with the establishment of market-economy and the development of law study,the civil law academic community has gradually paid more attention to the acquisitive prescription,and achieved agreement on the necessity of acquisitive prescription.But disagreements remain large.The present thesis introduces the evolution of acquisitive prescription,explores legislative experiences in Portuguese-speaking zones,targeting on how our acquisitive prescription should be established.Besides the introduction and summary,this thesis is divided into three parts.Part ?: Acquisitive prescription in Chinese circumstance.This part first briefly expounds the connotation of acquisitive prescription,sums up the controversy about the adoption of acquisitive prescription,and all aspects of acquisitive prescription included in the existing study.At last,it analyzes China's situation,details all aspects that need to be optimized in terms of the real estate registration system,the movable property ownership system,and the waif system.Part ?: Comparative legal study of acquisitive prescription in Portuguese-speaking zones.Through a comprehensive and thorough exploration of the legal provisions and jurisprudence in Portugal,Macao and Brazil,this part demonstrates a rich legislative sample and finds out the actual effects of acquisitive prescription in practice.At the end of the second part,the legislation and jurisprudence of the three regions are compared jointly,and the general logic of acquisitive prescription is summarized,with the importance and experiences are analyzed.Part ?: The legislative proposal for establishing an acquisitive prescription in China.This part at first summarizes the positive role played by acquisitive prescription in Portuguese-speaking zones system,and reveals that the acquisitive prescription in the Portuguese-speaking zones holds great value for China's legislation and academy.Furthermore,combining with the actual circumstance of China,it is viable to adopt such experiences.The author elaborates suggestions on the elements and procedures that should be absorbed by China's legislation.