A Study On The Reimbursement Of Unentitled Possession Fees

The "Civil Code of the People's Republic of China-Real Rights Edition" has established the right of claiming for the necessary expenses of possessor in good faith,but the right of claiming for the beneficial expenses of possessor in good faith,the necessary expenses and the beneficial expenses of possessor in bad faith are not clearly stipulated.In judicial practice,the lack of legislation leads to different judgments in similar cases.Started from the following three cases-the case of eliminating obstruction disputes between People ' s Government of Tandong Town and Tu Dalian,Luo Liangyun;the case of leasing contract disputes between Shen Boya and Furniture City,Wang Xuemin;the case of house-leasing contract disputes between Qu Le and Liu Yanhua,Wang Enhui and combined with other cases for comparative analysis.Then discusses the problems and solutions existing in our country's claims for unauthorized possession of expenses,which is divided into the following four parts specifically:The first part introduces the facts of the case and summarizes the focus of the dispute.In addition to the main three cases,it also analyzes other cases.Through comparison,it can be found that different judges have different facts and judgments in the case of unauthorized possession of expenses.The second part analyzes the legitimacy of the claims for necessary and beneficial expenses without right to possess respectively,which is mainly related to the status of extraterritorial legislation,academic viewpoints and judicial practice,and distinguishes the relationship between the claims for unauthorized possession costs from unjust enrichment and uncaused management.The third part elaborates the real dilemma of our country's claims for unauthorized possession of expenses.It's divided into two aspects: insufficient legislation and judicial dilemma.Insufficient legislation is mainly manifested in the lack of clarity on relevant rights,and this also leads to the lack of corresponding judicial interpretations,excessive discretionary power of judges,and imbalance of interests between the right holder and the possessor.The fourth part is the suggestions for the difficulties in the third part,which are specifically as follows: legislatively clarify the specific powers of the unauthorized possessor and clarify the specific scope of various expenses;judicially apply the rules of concurrence and pay attention to protecting the interests of unauthorized possessors.