占有制度之探究

Probe into the System of Possession

近现代民法上的占有制度乃是罗马法占有制度与日耳曼法占有制度交互作用、共同孕育的产物。占有制度的价值功能在于维护财产占有秩序和交易安全。中国物权法应确立由所有权、他物权和占有构筑起来的物权法体系 ,而没有必要突破这一传统的物权法格局。

The system of possession in modern civil law is an outcome of the interaction and cooperation between the systems of possession embodied in ancient Roman Law and Germanic Law. Its value and function is to guarantee the order of property possession and the safety of trade. In China, the law for ownership right should define clearly the concept of property right system that is composed of three elements: the ownership, the possession right over other's property and the possession itself. There is no need to break the traditional law of the property right.