Download pdf
An Economic Analysis of Adverse Possession Statutes -- The Case of China and Germany
- 1 Suzhou City University
* Author to whom correspondence should be addressed.
Abstract
Adverse possession, a doctrine whereby a possessor of land who is not the true owner acquires title to the land without the consent or compensation of the "true" owner, while simultaneously appearing to be a trespasser's possession of the land adverse to the owner's interests from an economic perspective. This paper explores the economic implications of adverse possession statutes, focusing on China and Germany. It provides an overview of adverse possession, comparing relevant national laws, particularly those of Germany. Despite its economic efficiency, China has not established an adverse possession system. The analysis examines the current legislative status in China and explores inherent reasons for its absence. Evaluating the necessity for China to adopt such a system, potential problems are identified, including issues related to homeless individuals seizing property and challenges in replacing existing systems. However, the study highlights the economic benefits, such as enhancing transaction certainty reducing costs, and preventing errors through adverse possession.
Keywords
Adverse Possession, Economic Analysis, Chinese Property Law, Efficiency
[1]. https://www.law.cornell.edu/wex/adverse_possession, Last updated in June of 2022 by the Wex Definitions Team
[2]. Report by the British Institute of International and Comparative Law for Her Majesty's Court Service, September 2006, Adverse Possession, p9
[3]. [U.S.] Richard Allen Posner, Economic Analysis of Law (7th ed.), translated by Jiang Zhaokang, Law Press, 2012 edition.
[4]. Jeffry M. Netter, Philip L. Hersch, and William D. Manson, (1986), AN ECONOMIC ANALYSIS OF ADVERSE POSSESSION STATUTES, International Review of Law and Economics , 6 (p219)
[5]. Lv Weigang, A Study on China's Civil Code Should Not Establish Limitation of Acquisition System[J]. Academic Exchange,2008,(07):61-64.
[6]. Chen Huabin, A Study on Property Volume of Civil Code Legislation in China[J].Tribune of Political Science and Law,2017,35(05):29-41.
[7]. Zhou Chunmei, Mao Weimin, Legislative Reflections on the Acquisition of Statute of Limitations[J] Journal of Guizhou University (Social Science Edition), 1992,(02):18-21.
[8]. Zhong Shujian, Sun Chao. Analysis of the Value of Acquisition of Statute of Limitations in the Perspective of Legal Economics[J]. Shandong Social Science, 2010, (10): 131-133.
Cite this article
Di,Z. (2024). An Economic Analysis of Adverse Possession Statutes -- The Case of China and Germany. Lecture Notes in Education Psychology and Public Media,53,13-20.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 3rd International Conference on International Law and Legal Policy
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).