Possession Of The Legal Effect Of The Empirical Analysis

Occupancy is the fundamental system in the area of real law code, which takesgreat value in the whole real law code system. However, researches in the academicarea is just concentrating on the introduction of the system and the comparison ofconcept of occupancy, and the researches is very simple on the force adeffect, theform of occupancy, to which has mostly refer in practice. The article, consider thecharacter of occupancy as the fact by adopting the existing occupancyachievements, which means occupancy is the factually control and domination on theres, including direct possession, autonomous possession, untitled possession, balefulpossession, well possession and so on. Taking that as the theoretic basis in thearticle, by the way of demonstrative analysis method, according to the different forceaffect of occupancy system made on different protective object, that is to say,considering the right token effectiveness (the right putative effectiveness ofoccupancy) and real right token effectiveness of occupancy as the research object, thisthesis researches on the right token effectiveness, to the protection of untitledoccupancy and the example analysis of the two aspects of the rem token effectivenessin chattel, estate and the dealing of the special chattel(motor vehicles), as well asmakes a analysis and summarize according to the mistakes and some beneficialattempt in practice, and based on that, gives the operative and rational argumentationof the occupancy force adeffect dichotomy. It being the fact that at present the RealLaw Code lawmaking has enter into the lattermost phases, the thesis integrates withthe occupancy force adeffect dichotomy, putting forward to its own standpoint andsuggestion according to the occupancy force adeffect in the Draft of the Real LawCode,:â… . It should adopt the stipulation about the occupancy system in the Draft of theReal Law Code.â…¡. Since the malpractice of docotrine of defence by registration inspecial chattel (motor vehicles), it holds the view that it should not absolutely applythe register real right token effectiveness, but to distinguish between two situations.One is transferring the ownership of property right, the other is sharing the benefit, that means hire, tenancy, adhere and so on. At the time of assuming the compensationduty because of accident, for the first one, generally taken on the compensate by user,who is the direct occupant, based on the vehicle dealing and factually have thefunction domination as well as the running benefit, however, for the latter, it can takeon the related responsibility from the registered owner of the vehicle.â…¢as well as tothe estate, when estate doesn't have the right register token(it doesn't register initiallyor the right alteration registion), then it can apply the real rights token effectiveness.