13民法之占有(09年司考三大本分段学习)（Occupy 13 of the civil law (09 years and three big Scott subsection learning)）.docVIP

13民法之占有(09年司考三大本分段学习)（Occupy 13 of the civil law (09 years and three big Scott subsection learning)） Occupy 13 of the civil law (09 years and three big Scott subsection learning).Txt The thirteenth chapter holds Section 1 Summary of possession First, the concept and nature of possession (I) the concept of possession Possession is the actual occupation and control of things. The object of possession is limited to the property; therefore, the property right (such as the patent right) outside the property can only be set up to be quasi possession but not to be possessed. In the modern civil law, possession and ownership of property he became independent in a system: whether it is the owners possession, or non ownership of the legitimate possession of illegal possession, etc., are protected by the possession system. In our country, according to the general principles of the civil law and other laws, the possession is defined as a function of ownership, and the system of possession is not recognized as an independent one. But in theory, most scholars believe that China should establish an independent system of possession. Since possession is in fact the control and control of things, it does not require the possessor to have the right to possess. As to what standard, the possessor is in fact in possession and control of the thing, and should be confirmed concretely from the control of the space and time of the person to the thing. In space, things should be within the scope of human power, and begin to claim possession, such as housing, land occupied by the use, placed in the home clothing, furniture and other property belonging to the owner. In time, a persons disposition to something should be sustained for a certain period of time, for possession; if only temporary contact, only to hold, rather than possession. For example, the host treats the guests, although the tableware is used, but can not be considered as possession. Having the protection that cannot be possesse