On the Meaning of Possession

The civil laws of various countries that belong to the civil law system generally give a special chapter under the part dealing with real right to prescribe possession. Possession was considered as a fact in Roman law with material and spiritual prerequisites, and as a right in Germanic law. German law adopted the two concurrently, which influenced the civil laws of Swiss, Japan and other countries and on which the civil laws of the Qing Dynasty and the Republic of China drew heavily. Although the present civil law of our country does not contain stipulation in this respect, the Suggested Draft Law of Real Right of China prescribes the institution of possession in detail.