Research Of Possession Effects On Real Estate

Since the registration system has been established, the possession is still therepresentation means to the rights of all tangible property include of movable propertyand real estate. For the real estate, there could be two kinds of representation means,one is the actual possession, and other is the registration book. The representation bythe means of fact to the rights of property, possession will never withdraw from thestage of history. Because of physical objects at all times have been in a state of thepossession, but the law has to protected this state. In China, the real estate registrationsystem has not been perfect, especially there are a large number of real estate in thevast countryside, particularly in private housing have not registered. Even in the cityor town, the real estate registration system is impossible without a missing of all realestate to be registered. In many cases, rights of real estate from the beginning did notregistered or registered the rights of those people who are not really obligee, thecontradictions between registration and possession, the law didn't affirmed andprotected the really obligee. Therefore, in the field of real estate have contradictionsbetween possession and registration, which is the winner of the issue that is inevitable.But it is more regretted that the modern scholars who in the academic community atthe mention of real estate and it seems that the most of limited to the construction andimprovement of the registration system. For the possession of real estate issues,scholars don't seem to attract more attention. Therefore, it is necessary to research thepossession effects on real estate.This paper is divided into three parts. The first part is about the effect ofpresumption of rights in the possession of real estate. First, analysis that the purposeof established that the effect of presumption of rights in the possession of real estate.The presumption of possession means that possessor in the exercise of the rights ofpossession, the legal presumption that the person has such rights. If the possessor ofthe mean to own the things on the exercise of their rights, on the presumption thatthey have ownership; if the meaning of the exercise of a lease, then the presumptiontenancy. The establishments of the presumption of rights in the possession of realestate that is to the needs of the moral and practical and protect the rights of the possessor, protect the really rights and conducive to social order and peace. Andanalysis the presumption of rights in the possession of real estate whether applies tothe different legislative cases from various countries. The last one comes to the scopethat about the presumption of rights in the possession of real estate that apply toregistered and unregistered real estate.The second part is about the effect of obtain possession of real estate. It analysisthat the effect of bona fide acquisition and the prescriptive acquisition of real estate.The key legislation aimed of bona fide acquisition at correctly and balances thebenefits between the owner of the estate and the bona fide assignee, itsimplementation result is the loss of all things of ownership, the bona fide assignee toobtain ownership or other property rights. The Chinese real estate registration systemis more chaotic and non-standardized that have occurred exist in reality a series ofdeficiencies result of the situation against the interests of third person, it should be setup the effect of bona fide acquisition in real estate. However, the third person wouldlike to investigate situation of the possession of the real estate when apply to the bonafide acquisition of real estate The effect of prescriptive acquisition is the non-rightfulowner continues to possess others'property openly and peacefully with the excuse ofpracticing proprietary right and other property right, and prescribed time, heeventually gains such ownership or other property rights. The effect of prescriptiveacquisition is recognized by many countries in the world, but the law of China withoutany certain regulations. In this paper which from the registered and unregistered realestate property to expose the application of different circumstances and reasonable tothe effect of obtains possession.The third part is about the effect of protection of possession of real estate. Theprotection of possession is the key and the core part of the effect of possession. Theproperty law to protect possession when others encroach on the possession of privateforces against law, gave the possessor to avoid outside interference through thepossession of judicial relief or the fact that the presumption. The protection ofpossession is maintained and resumes the situation that to control and dominate theobjects. When the possession have been captured and the possession occurred that theoriginal possession has been die out and to set up the new possession that converted the possession of aggressor. When the possession has been impaired, the originalpossession will be weakened. The purpose of possession system is to protect theexisting state of possession, when the new possession that the possession of aggressorhas not been established, allowing the original possessor to relieve by the privatepower that is the self-reliant of possessor. When the new possession that is thepossession of aggressor has been established, the original possessor shall not exercisethe self-reliant, but through litigation, referees and enforcement that is rightful legalprocedure to relieve, otherwise they will result in the order of damage. In this case, itis necessary that to give the original possessor have the rights of request of thepossession and compensation, allowed to return to a satisfactory state of interest. Thesame time, the effect of the protection of possession is also to strengthen the effect ofobligation, through the lease of the right to protection of property of the lessee'sinterest.