论先占制度适用的可扩展性

On the Expansibility of Acquiring Possession's Application

先占是重要的物权取得方式,其作用主要是使当事人取得先行占有的无主物的所有权。在传统民法中,拾得遗失物和发现埋藏物是与先占作用相似的两种制度。主要基于三者的客体不同,传统理论将它们划分为三种制度。本文通过比较分析,得出先占、拾得遗失物和发现埋藏物的客体是难以划分的结论,在此基础上,证明了先占制度可以扩展适用至拾得遗失物和发现埋藏物的观点。

Acquiring possession is an important method to acquire property rights.It's main function is to let party acquire the title of waif acquired possession by him.Finding lost property and finding treasure trove are two systems as same as acquiring possession on the traditional civil law.This kind of division on traditional civil law was based on such an opinion that the objects of the three systems are entirely different.In the thesis,through comparative analysis,we found it's impossible that to divide the objects of the three systems.On the basis of this foundation,we think the appli- cation of acquiring possession could he extended to the circumstances of finding lost property and finding treasure trove.