浅论拾得遗失物的相关法律问题

On the Relevant Legal Issues of the Lost Property

从现行民事立法分析,遗失物属于特定主体享有所有权的有主物,但是由于遗失这一法律事件的发生,所有人依法行使物上请求权的同时应向拾得者支付相应费用,拾得者在承担归还义务的同时也享有费用请求权,还可以基于失主的承诺获取报酬。在今后的立法中,笔者认为应该确立拾得者的报酬请求权和附条件的取得遗失物所有权。

According to the existing civil laws,the lost property is the kind of property with a specific owner who has the proprietorship. However, based on the legal happening of the losing of certain property, the owner should disburse a certain amount of money to the picker while the former exercises his fights to repossess his property and the picker has his rights to get compensati- on while he is under the duty of returning the lost property. The picker can also be rewarded from the promise of the owner of lost groperty. The writer has the idea that in the course of future legislation the rights to get compensation of the picker and the conclitional rights to repossess lost property should be established.