How to understand the presumptive effect of the right of possession in civil law, the effect of the

Answer]: The so-called presumption of validity of rights refers to the fact that, in the absence of evidence to the contrary, the law stipulates that the possessor exercises the rights in the possession, and it is presumed that he enjoys such rights in accordance with the law. The reasons for this are:

Protect the rights behind possession, maintain social order and transaction security. As for the scope of application of the presumption of rights, in principle, China Gas only has the presumption of rights arising from movable property, and the presumption of rights of unregistered immovable property rights. The presumption of possession may be invoked not only by a person in a negative position, but also by the person in possession who actively asserts his or her right to possession to another person.

1. What are the provisions of the Civil Code on the right to claim possession protection?

If the immovable or movable property in possession is encroached upon, the person in possession has the right to request the return of the original property; In the case of an act that interferes with possession, the person in possession has the right to request that the nuisance be removed or the danger removed.

Civil Code of the People's Republic of China

Article 462: [Right to Claim Possession Protection]Where the immovable or movable property in possession is encroached upon, the person in possession has the right to request the return of the original property; In the case of an act that interferes with possession, the person in possession has the right to request that the nuisance be removed or the danger removed. Where damage is caused by encroachment or obstruction, the person in possession has the right to claim compensation for damages in accordance with law.

If the possessor's right to claim the return of the original thing is not exercised within one year from the date of the misappropriation, the right to claim shall be extinguished.

2. Manifestations of the crime of embezzlement

1. There must be an act of possessing other people's property through legitimate, good-natured, and lawful means. This is an important prerequisite for constituting this crime, and it is also an important feature that distinguishes this crime from other crimes. There are various forms of lawful possession, such as accepting gifts from others, through legal transactions, etc., but there are only the following three types of lawful possession for this crime

1) Custody on behalf of others, and including being entrusted by others to collect and manage their property on behalf of others, such as depositing or entrusting temporary care, and including custody of other people's property without being entrusted by others for no reason of management; It includes not only the property entrusted by it in accordance with the relevant regulations, but also the custody held in accordance with a certain contract such as loan, lease, entrustment, consignment, transportation, etc.;

2) Pick up other people's forgotten things;

3) Exhuming the buried objects of others, but such excavations cannot be illegal.

2. It must be the act of illegally taking possession of other people's property and refusing to return it. The so-called appropriation refers to the property, forgotten or buried property that others should hand over to one's own custody as one's own property, and dispose of, use and benefit from it without authorization. The so-called refusal to return refers to the refusal to return the property of others when it should be in accordance with the law and the contract.

According to the provisions of the Code of the Minying Clan, if the immovable or movable property in the possession of the owner or usufruct is encroached upon, the possessor has the right to request the return of the original property; In the case of an act that interferes with possession, the person in possession has the right to request that the nuisance be removed or the danger removed. If you need legal help, you can go and ask for advice.

Legal Analysis: (1) The exercise of ownership rights shall not violate the provisions of the law. (2) The exercise of ownership rights shall not interfere with the legitimate rights and interests of others.

3) Attention must be paid to the protection of the environment, natural resources and ecological balance when exercising ownership. (4) According to the needs of the public interest, the State may expropriate collective land or nationalize other property in accordance with the law.

The law is based on the Civil Code of the People's Republic of China

Article 240: Owners of their immovable property or movable property shall enjoy the right to possess, use, benefit and dispose of their immovable property in accordance with law.

Article 241: The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Hello, first, to put it simply, possession is ownership, whoever occupies the property, from the general concept of identification is the owner, so as to give a certain amount of legal protection.

2. But this is a negative presumption, and whether he is the owner or not remains to be further determined, which may or may not be;

The law is a system designed only for the purpose of protecting the socio-economic order, i.e. the presumption does not affect the exercise of the rights of the true owner.

The presumption of the right of possession refers to the presumption that the possessor exercises the right to possess the possession if the fact that the possessor has possession of the possession.

Affirming the presumption of the right to possession is conducive to maintaining property order and promoting social harmony; It is conducive to safeguarding private property rights and encouraging the creation of social wealth; It is conducive to maintaining the safety and speed of the transaction order; The rule of presumption of possession is conducive to promoting the best use of goods and improving efficiency.

Article 134 of the Contract Law stipulates that "the parties may stipulate in the sales contract that if the buyer fails to perform the payment of the price or other obligations, the ownership of the goods and the goods shall belong to the seller." ”