The relationship between the right and the possession, the difference between the right of possessio

Legal Analysis: Ownership is the exclusive right to dominate things, while possession is only the de facto state of control over things. The possessor cannot be the owner except by law. Even if it is lawful possession, the person in possession only has the right of possession, not ownership.

Legal basis: Civil Code of the People's Republic of China

Article 226:Where the right holder is already in possession of the movable property before the creation or transfer of the movable right, the real right takes effect when the civil juristic act takes effect.

Article 227:Where a third party takes possession of the movable property before the creation or transfer of the movable right, the person who has the obligation to deliver the movable property may transfer the right to request the third party to return the original property in lieu of delivery.

Article 228 Where the parties agree that the transferor shall continue to take possession of the movable property when the movable property is transferred, the real right shall take effect when the agreement takes effect.

Legal analysis: the right to possess and the right to possess are a pair of relative concepts, no right to possess refers to the right not to enjoy possession, and the right to possess refers to the possession of the possessor to possess the property, which is called the right to possess, and the Civil Code only provides for possession without the right to possess.

If there is no right to occupy the immovable or movable property, the right holder may request the return of the original property.

According to the provisions of the Civil Code, if there is a contractual relationship, the use, income, and liability for breach of contract of immovable or movable property shall be in accordance with the contract; There is no contractual relationship, in accordance with the relevant legal provisions.

Article 458 of the Civil Code [Application of Law on the Right to Possession] Possession based on contractual relations, etc., related to the use, income, and liability for breach of contract of immovable or movable property shall be in accordance with the contract; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations.

1. Characteristics of the right to claim the return of possession.

The exercise of this right is conditional on the seizure of the possession, such as the theft and robbery of the movable property in the possession, the seizure of the immovable property, etc. If the borrower does not return the borrowed property after the expiration of the time limit, and the lost property is in the possession of the finder, it cannot be regarded as misappropriation. The subject of the claim includes both direct and indirect possessors, regardless of whether there is a legitimate original right, and whether it is bona fide or malicious, as long as the possessor who has been infringed enjoys this right.

However, the possession assistant cannot be the subject of this claim, and can only exercise the right to claim for the return of possession in the name of the possessor. The counterpart of this claim is not limited to the original predator, but also includes the general successor of the predator. For a bona fide specific successor who does not have the conditions for immediate acquisition, because he is not aware of the fact of the misappropriation, for the sake of protecting the bona fide third party and ensuring the security of the transaction, he should be protected by the possession that has been determined, and therefore he should not be the counterparty to the claim for the return of the possession.

2. What are the classifications of possession.

1) Possession by owners and possession by non-owners. Possession means that the owner personally controls his property in the exercise of ownership. Non-owner possession means that someone other than the owner actually controls and takes possession of the property.

2) Hechang socks bending law possession and illegal possession. This is a further classification of non-owner's possession. Legal possession refers to the right of possession based on the provisions of the law or the will of the owner. Unlawful possession, on the other hand, refers to possession without a lawful basis and without the consent of the owner.

3) Possession in good faith and possession in bad faith. This is a reclassification of unlawful possession. Bona fide possession means that the person in unlawful possession did not know or should not have known at the time of possession that his possession was unlawful. Bad faith possession means that the person in possession has been aware of the diversion or should have known that his possession was unlawful at the time of possession.

Analysis of the law of law: Possession refers to the actual control of the possessor over immovable or movable property. The possessor may have the right to take possession of immovable or movable property in accordance with the law, such as taking possession of the leased property delivered by the other party during the lease term in accordance with the lease contract.

The right to possess refers to the possession of legal or reason, such as the possession of the custodian, the lessee, and the pledgee of the property of the subject inspection Yunchang.

Legal basis: Article 458 of the Civil Code The possession arising from the contractual relationship, the use, income, and liability for breach of contract of immovable or movable property shall be in accordance with the contract; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations.

Legal analysis: According to whether there is a legitimate source of rights, it can be divided into the right to possess and the right to possess. The right to possession refers to the possession of the subject matter of the right to possession for legal or reason, such as the possession of the subject matter of the custodian, the lessee, and the pledgee.

The right to possession mainly refers to the possession that arises from a relationship based on a contract or other debt. For example, according to the custody contract, the custodian is in possession of the lead deposit before delivery.

Legal basis: Article 888 of the Civil Code of the People's Republic of China.

A custody contract is a contract under which the custodian takes custody of the deposited goods delivered by the depositor and returns the goods. Where the depositor engages in shopping, dining, lodging, or other activities at the custodian's place, and stores the items in a designated place, it shall be deemed to be safekeeping, unless otherwise agreed by the parties or otherwise in other trading habits.