不动产权益占有之诉

名词

neolog

action of assize

noun

Comparative law notes

This is a concept from ancient UK law, and there is nothing similar in Chinese law. In mainland China, 不动产占有权益之诉讼 only means an action against real property in which the plaintiff proves the right to possession, without the need to mention an ancestor's possession. Hong Kong law also does not have the concept of 'action of assize' and has no fully equivalent term. However, there is a similar concept of an ancestral worship trust, which is created under Chinese customary laws which existed in Hong Kong's pre-colonial days, whereby properties were held upon trust for the purpose of ancestral worship for the benefit of one's male descendants (Re Lau Wai Chau (2003) 3 HKCFAR 98).

Definitions of action of assize

an action against a real property in which the plaintiff proves the right to possession only by showing an ancestor's (=a person related but born earlier) possession

The privilege of no court extends to an action of assize, being a real action.