论遗失物权属规则的建立

By Loses the Lost Object the Power is the Rule the Establishment

我国《物权法》对遗失物权属的规定排除了拾得人取得遗失物之所有权可能。建立拾得人附条件取得遗失物所有权规则是权利与义务一致的要求,是公平与效率相协调的要求,在实践中应该依照过错与价值原则确定拾得人遗失物所有权。

Our country ＂ Reality Of laws＂ to lost the lost object the power has carried on the comparison principle stipulation, re- moved ascended the human to obtain loses property rights of possibility the lost object. The author thought that this existence flaw, the establishment ascends the human to attach the condition to obtain loses the lost object property rights hale is the right with the voluntary unanimous request, is fairly the request which is coordinated with the efficiency. In reality should defer to the mistake and the value determined in principle ascends the human to lose the lost object property fights.