| The right of the prior possessor to claim the return of the property, as stipulated in the first part of Article 460 of the Chinese Civil Code, has existed for a long time in Chinese civil law. However, it has received little attention in theory and judicial practice. Historical interpretation, which can only grant the owner the right to claim the return of fruits, should give way to a systematic interpretation. The subjects of the claim under this provision, “the right holders”, include all former possessors who have acquired movable property in good faith and registered right holders recorded in the real estate registry. This right is essentially a product of the presumptive effect of movable property possession and real estate registry, and its normative significance lies in providing temporary relief for possessors and registered right holders who may not be able to obtain actual ownership status at the time. In cases where possession is lost without being usurped, the prior possessor may rely on the presumptive effect of rights to claim the return of the property. His status is higher than that of a mere possessor but lower than that of the true owner, and he may oppose all current possessors except the owner. The right to request the return of the original property under the first part of Article 460 is a property right claim. The former possessor is subject to the statute of limitations under Article 196 in his relationship with the current possessor. The current possessor of movable property may oppose the former possessor’s right to request the return of the property by asserting a superior right or challenging the presumptive effect of the right. |
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