A Study Of The Construction Of China's Quasi-Possession System

The creditors in quasi possession are non-creditors whose appearance are sufficient to make others recognize them as true creditors and exercise their creditor's rights as true creditors for their own purposes.The rule system of quasi-possession of claims is a series of rules designed around the debtor's settlement to the creditors in quasi possession.The system of quasi possession is often specified in extraterritorial civil law,but it has never been established in our national law,neither get responded in the latest Civil Code.Therefore,whether it is necessary for China to construct a quasi possession system and how to construct it has become a question worthy to discuss.By examining the example of legislation in France,Germany,Japan,and Taiwan area,we can conclude three types of the quasi possession system,including the "Right appearanceism","Manifest responsibility of rights,and "the model of Both".These three legislative models have different value orientations,and their functions carried in their respective legal systems are also different.The "Right appearanceism" emphasizes the protection of transaction security and focuses on protecting the debtor,while the "Manifest responsibility of rights" mode emphasizes protecting the autonomy of all parties and focuses on protecting the interests of creditors.The model of "Both"strives to achieve a balance between the two and take all aspects into consideration,but it has caused some difficulties in hermeneutics.Choosing three types of cases to analyse: deposit disputes,claims transfer disputes,and general contract disputes in mainland China,and make a comparison with Taiwan area.It shows that because of the missing of the quasi possession system,the people's courts in the mainland of China are faced with different standards of judgement and insufficient authority,lack of explicit legal support,and insufficient coverage of the current law when they hear the aforementioned three types of cases.It can be seen that the current law in China cannot solve the case of settlement to the quasi-occupier of creditor's right.Constructing quasi possession of creditor's right system has practical necessity in our country.And from the perspective of Chinese legal system,the construction of the quasi possession will not conflict with the current rules of possession system and appearance.On the contrary,because of the missing ofthe appearance about the creditor's right in our legal system,constructing the quasi possession can make up for this deficiency,and it can use its generality and flexibility to play an important role in our appearance system.It is necessary and feasible to construct the quasi possession system in China.And according to the function that the quasi possession should play in our legal system,we can choose to adopt the model of "Right appearanceism ",that is,expressly stipulating that the goodwill settlement to the creditors in quasi possession is effective,without requiring the appearance of the right to be attributable.It does not make separate provisions on the issue of rights of access.At the same time,considering the practical issues of increasingly digitized transactions,China can explain the objective elements of the quasi possession system.In addition,a more flexible "Reasonable Trust" rule is used as the subjective requirements of the debtor to ensure that it can deal with the development trend of anonymization of transactions and diversified rights and appearances,and that it can reasonably take into account the interests of creditors and avoid the debtor being too lazy to examine the authenticity of the appearance of rights.And introduce the French "un lien de connexité" standard serves as a judgment factor for "Reasonable Trust",and excludes the appearance of rights unrelated to creditors from "Reasonable Trust",to avoid the infinite expansion of the scope of application of quasi-occupation.In the future,the quasi possession system in China can be expressed as "The occupier of the appearance of the creditor's rights can exercise the creditor's rights,but he can't against the creditor;the debtor pays in good faith to the owner of the appearance of the creditor's right,and the settlement is effective,but the debtor knows or should know the appearance of the creditor's right Except when the possessor is not entitled to receive the settlement".In terms of application,we can ues the "three-step" rule that first examines whether the third party is a creditor in quasi possession,whether the debtor's trust in the third party is reasonable,and finally determines whether the settlement is effective.The legal responsibilities of the parties are determined according to whether the settlement is effective.