占有制度探析

占有概念与物权制度密不可分。尽管占有的概念充满歧义 ,但在各国民法中 ,占有一直占有重要的位置。占有制度的发展 ,反映了占有与所有权分离的历史过程 ,到现代 ,占有已成为一种独立的权利 ,在对物的利用中发挥着重要的作用。占有具有三大功能 :权利推定功能、权利取得功能、权利保护功能。占有的权利保护功能表明占有已脱离本权而成为一项独立的权利。中国应该构建所有权、占有与占有权、他物权三权鼎立的物权法格局。

An Analysis of the Ownership

The concept of possession is closely connected with the system of property right. Although this concept may cause misunderstanding, it has an important position in civil law. The development of ownership system has reflected the history of the separation of possession and ownership. At present, the possession has become an independent right and played a very important role in use. It has three functions: the function of supposition, obtainment and protection. The protective function of possession indicates that is is an independent right. The author suggests China set up a style of Ownership Possession other right.