摘要
借鉴其他国家无主物先占取得的规定,建议我国对无主物先占取得进行立法:一是以无主物所有权变动公示为标准区分先占权;二是先占取得的构成要件为标的物须为非法律禁止先占物,须为无主物,须以所有的意思占有。
Legislation on preemption of non-owner objects in China was suggested, using other countries regulations for reference. First, take the public summon of the change in ownership of non-owner object as a standard to distinguish the right of preemption; second, the elements of the preemption are: the subject matter should not be prohibited by law as a preemptive object, should be non-owner objects, and should be preempted in the meaning of possession.
关键词
无主物
先占取得
立法
non-owner objects
preemption
legislation