Concurrent Possession

Concurrent possession means the situation that multiple persons have indirect possession but not common possession and ladder of possession.The concept of concurrent possession has uniqueness and independence in the current law.In terms of uniqueness,because of the essential feature of possession that called exclusiveness,“indirect concurrent possession” is only possible,the “direct concurrent possession” is impossible;in terms of independence,because of the difference in the will of direct possessor that return and in the relationship between indirect possessors,concurrent possession shall be distinguished from “indirect common possession”.The theory of concurrent possession in German law not only refers to norms conflict,which exist in “acquired in good faith”,but also refers to “acquired in good faith” in transfer of the right to claim of return,transfer of expectancy right in retained ownership of trading and others situation that except retained ownership of trading,the most of discussion about “acquired in good faith” in the current German law have limitation.The fact constitute of concurrent possession includes two aspects,the first is the objective reverse behavior of intermediate possessor who makes a behavior that aims at old and new superior possessors called vividly “double-dealer game”;the second is the subjective concealed intention of intermediate possessor who conceals the existence of the other from old and new superior possessors,the intentional conceal is made for his “double-dealer game”,which can succeed.Each indirect possession's valid found are concurrent possession's formation basis.The essence of indirect possession is a kind of fictional possession,but not fact domination on the object.It is untrue that concurrent possession leads to “double” domination in indirect possession.Indirect possession validly found on these conditions that: 1.Valid or not valid relationship of intermediate possession;2.Possession of intermediate possessor with intention that for others possess;3.Possession intention of indirect possessor.However,the possession right's guidance and the right to claim of return are not requirements of indirect possession.After inspection,each indirect possession can be found validly in the situation of concurrent possession.Although it is not recognized by German civil law,concurrent possession is still constituted by indirect possession.Therefore,taking indirect possession as the starting point,there is still room to explain it in the current law.Concurrent possession is not separated from the legal consequences of indirect possession,such as protection of indirect possession,presumption of ownership and prescription acquisition.The primary function of concurrent possession is impediment of “acquired in good faith”.From Bona fide acquirer,former owner and intermediate possessor of view,this impediment is reasonable.In fact,it is a rightful amendment through explanation to Art.934 of BGB.The second function of concurrent possession is that it can be used to explain the complex possession situation which cannot be explained by the current legal norms,especially the situation which makes up of different levels indirect possession but not ladder of possession.It means that concurrent possession is not one of the possession types in possession law,but a possession situation constituted by multiple indirect possession.