| Possession,maintaining economic order and protecting the value of things,plays an important role in chapter of Civil Law since the Roman law era which has been keeping to the attention of the countries.The possession of recovery petition right means things which are occupied by unauthorized possession,the possession of recovery petition right person have the original and fruits recovery,claims for damages and etc.The study problem of this essay is the relationship between the unauthorized possession and the right of possession.First of all,the Property Law in our country is only a general rule that the possession of recovery petition right person claim can request the return of the original and the fruits.However,in the rapid economic transformation of our country today,the right holder requests the malicious possessor to return the natural fruits,and sometimes it does not really good for maintaining the value of things.Secondly,in the Property Law of our country,it is not fair only stipulating that the possessor should pay the necessary expenses of the well-meaning possessor's expenditure.Finally,there are some differences between article 242 and 244 of the Property Law in theory and practice.Therefore it is necessary to re-examine the system of possession recovery claim.This paper is divided into five chapters.The first chapter introduces the research background and significance of the claim for recovery.The second chapter elaborates the emergence of some problems in possession recovery claim.The third chapter discusses the legal nature and legislative purpose of possession recovery claim.The fourth chapter focuses on the analysis of the theory and judicial practices,and finds out the deficiency and deficiency of the existing norms.The fifth chapter is the application analysis of the current standard of the claim of possession recovery,in order to make up the deficiency of judicial practice and uphold the principle of fairness and justice of civil law. |
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