2009Journal of Northwest University of Political Science and LawRequires access

The Re-determination of the Nature of Possession and Its Practical Application

Peng Cheng-xi

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Abstract

The article reexamined legal nature of possession based on the classification of possession and the Right Theory of W.N.Hohfeld.On one aspect,possession is one kind of facts for that its protection has no relationship with the original occurrence of possession.On the other aspect,possession is one kind of rights for that all kinds of possession are particular legal right in special legal relationship.As a legal system which regulates the legal relationships of things,possession has profoundly and effectively practical functions.

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What this paper is about

The article reexamined legal nature of possession based on the classification of possession and the Right Theory of W.N.Hohfeld.On one aspect,possession is one kind of facts for that its protection has no relationship with the original occurrence of possession.On the other aspect,possession is one kind of rights for that all kinds of possession are particular legal right in special legal relationship.As a legal system which regulates the legal relationships of things,possession has profoundly and effectively practical functions.

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Available abstract

The article reexamined legal nature of possession based on the classification of possession and the Right Theory of W.N.Hohfeld.On one aspect,possession is one kind of facts for that its protection has no relationship with the original occurrence of possession.On the other aspect,possession is one kind of rights for that all kinds of possession are particular legal right in special legal relationship.As a legal system which regulates the legal relationships of things,possession has profoundly and effectively practical functions.

Key concepts: Possession (linguistics), Law, Adverse possession, Political science, Law and economics, Sociology, Philosophy, History

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