试论取得时效制度在遗产共有中的适用

On the Application of Acquisitive Prescription to the Acquisitive Prescription in Cases of Joint Heritage

祖屋继承是个难题,我国现有的共同继承遗产之共同共有制度存在不利于物之利用,从经济学产权理论分析这一问题产生的原因,可以发现该问题的解决可适用取得时效。

This paper, with an old conundrum of inheritance of patrimonial houses as an introduction, reveals that the existing joint ownership in China with joint heritage as its core rationale seems not conducive to an adequate use of things. Armed with property principles in economics, this paper also analyzes the occurrence of the problem and proposes that we should apply acquisitive prescription to solve this problem.