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The Construction of the Legal System of the Acquisitive Prescription System

Author: WuYingLin
Tutor: FengYongJun
School: Zhengzhou University
Course: Legal
Keywords: the prescription system the acquisitive prescription system the negative prescription system possession the period stipulated by law
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 100
Quote: 0
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Abstract


The acquisitive prescription system is one of civil law system, and is an important constituent of civil law country. The acquisitive prescription system provides the following functions:it can make the best use of things, accelerating property trade, reducing waste, protecting transaction security and steady of legal relationship, which urge to stable the whole social order. At the same time, the establishing of the acquisitive prescription system makes for proper, legal and promptly settling a lawsuit, and protecting legitimate interest of party. However, period of studying of the acquisitive prescription is very short and exist difference in theory and practice in our country, which leads to not have to draw up the acquisitive prescription in Real Right Law in 2007. Therefore, the selection of a subject of this thesis is the construction of the legal system of the acquisitive prescription system, the purpose of the thesis is making up for a deficiency of civil law in our country.The essay is divided to four except introduction and conclusion, approximating 30 thousands words.Chapter one is the summarization of the acquisitive prescription system. Firstly, the essay starts to analyze the theory of limitation, then obtaining the conception of the acquisitive prescription system that the seizer obtains the property rights after he continues to possess other’s property by an owner’s intention openly and peacefully for the period stipulated by law. Secondly, the essay particular analyzes the embody of the acquisitive prescription system in civil law system and common law system, of which establish foundation for the construction of the acquisitive prescription system in our country.Chapter two argues that the acquisitive prescription system is the necessity. Firstly, the chapter argues that the acquisitive prescription system have the functions of confirming the owner of property rights, protecting transaction security, stabling economic relationships and social order, making the best use of things, and so on, which obtain the inevitable demand of the construction of the acquisitive prescription system in our country. Secondly, arguing that the acquisitive prescription system isn’t replaced by the negative prescription system, the system of good faith acquisition and the principle of public summons and public trust, which obtain the necessity of the construction of the acquisitive prescription system.Chapter three is key point of the essay. Firstly, arguing legislation model of the construction of the acquisitive prescription system in our country, then obtaining that our country should adopt the legislation model of separately prescription, and proposing the view that the acquisitive prescription system in china should put the general provisions of real right part. Secondly, arguing the sphere of application of the acquisitive prescription system, obtaining the conclusion that the acquisitive prescription system can be applied only in real right law. Thirdly, the chapter argue that the construction of the acquisitive prescription system in our country should have two constitutive requirement, that is separately the fact of continuing to possess other’s property by an owner’s intention and the fact pass the period stipulated by law.The innovations of the essay can be briefly stated as follows. Firstly, the essay argues adequately the relationship of the prescription system and the acquisitive prescription system, then raising the conception of the acquisitive prescription system. Secondly, the essay argues legislation model of the construction of the acquisitive prescription system in our country, then obtaining that our country should adopt the legislation model of separately prescription, and proposing the view that the acquisitive prescription system in china should put the general provisions of real right part. Thirdly, the essay put forward the prescribed time and reasons of the construction of the acquisitive prescription system in our country.Due to limit length, the essay can’t minutely argue how to perfect these problems, such as the cease, discontinue and efficacy, etc, of the acquisitive prescription system. The shortage of the essay needs further research and study.

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CLC: > Political, legal > Legal > Chinese law > China and France
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