论物权法中占有的权利推定规则

占有的权利推定规则是物权法中的一项重要规则。该规则原则上应当适用于以交付作为物权变动条件的物,例外的情况下也可以适用于以登记为物权变动条件的物。依据该规则被推定的权利包括动产所有权、不动产所有权以及某些独立性的用益物权,如国有土地使用权、宅基地使用权以及农村土地承包经营权。占有的权利推定规则仅适用于自主占有人、间接占有人。该规则的主要效力是发生在诉讼程序当中。

On the Rule of Ownership Presumption in Favor of the Possessor in Property Law

The rule of ownership presumption in favor of the possessor is very important in the property law. The rule is applicable to both the possessors of movable things and the usufructuaries who are possessors of immovable things. It is presumed in favor of a former possessor that during his possession he was the owner of the thing. In case of indirect possession, the presumption is applicable to the indirect possessor. The effect of the rule occurs in the civil procedure.