论货币所有权

On the Currency Ownership

货币有着不同于一般物的特殊法律属性,学术界对货币所有权的一些特殊情形探讨不多,我国立法对货币所有权的有关规定较少。货币是民法上一种特殊的物,一般认为“货币所有权与占有一致”,但该原则对一些特殊情形如委托、代理、信托、行纪等不能简单适应。物权法应对货币所有权作出规定。

The currency has special legal attribute compared with generic object.The academe has few discussion about some special situation of the currency ownership,and there are few provisions about the currency ownership in our country.The currency is a special object in civil law.It is generally accepted that the ownership of the money is coincidence with its possession.But this principle does not apply to some special situation such as commission,agency,trust and mandtate.The currency ownership should be specified by the Real Statute.