Yuan Quanyao
Since the creation of Roman law for more than two thousand years, the legal nature of possession has been controversial, and it is difficult to reach a conclusion. There have been two mainstream theories of "facts" and "rights" for a long time. However, scholars have not stopped exploring, and a variety of representative theories such as "eclectic theory", "legal relationship theory" and "power theory" have appeared successively. By analyzing the problems of different theories, this paper proposes that the essential attribute of possession should be defined as "Control power". This certainty can better reveal the essence of things and demonstrate the institutional value of possession.
Possession; Fact Of Possession; Nature Of Possession; Control Power