取得时效立法研究

取得时效制度在市场经济条件下有其存在的合理性与必要性。取得时效的构成要件主要是占有和经过一定期间 ,并不需要善意。其适用范围包括所有权和所有权以外的其他财产权 ,但后者的内容需要进一步界定。取得时效标的不以未登记者为限。符合条件的国有财产可以适用取得时效。取得时效的体系安排应该发挥其制度的整体力量。

The system of acquisitive prescription is a rational and necessary system under the condition of market economy. The essential elements of acquisitive prescription are: possession of the property and passage a long period of time. Bona findes is not required. The scope of application of acquisitive prescription covers all kinds of ownership and other property rights. However, the content of the latter still need to be further defined. The objects of acquisitive prescription are not limited to the unregistered. Acquisitive prescription can also be applied to state-owned property that meets the above-mentioned requirements. The system of acquisitive prescription should be arranged logically so as to give full play to the power of the system as a whole.