论占有的涵义

大陆法系各国民法典一般均在物权编中对占有作出专章规定。罗马法上占有为一种事实，其构成要件有物质要件和精神要件；日耳曼法上的占有为权利；德国法兼采罗马法上与日耳曼法上占有的涵义，其影响及于瑞士、日本等国民法，并为我国近代民法的制定所接受。我国现行民事立法迄未建立明文的占有制度，《中国物权法草案建议稿》中对占有作出了详尽规定。

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.