我国物权法确定先占制度若干问题研讨

Disquisition on Property Law of Ascertaining System of Occupation

先占制度源远流长。作为动产所有权原始取得的方式之一 ,先占制度已为大多数国家的民法典所确认。构成先占 ,须具备五个要件。我国现行立法对先占未作规定 。

System of occupation has a long history. System of occupation has been ascertained by civil codes of most countries, as one way to aboriginally get ownership of movables. There must be five factors to compose occupation. Nowaday the lawmaking has not made legislation of occupation, so prospective property law is ought to definitely ascertain system of occupation.