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Lost System

Author: FuCongHui
Tutor: LiuYunSheng
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Lost Lost Compensation claims Lien Conditional Take Ownership
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 368
Quote: 3
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Abstract

According to the modern theory of Civil Law, Civil body can usually obtain property ownership based on two reasons: one is based on legally acquired property ownership, as a result of sale, donation, exchange, etc. to obtain ownership of movable property subject matter, this is the most common way; another one is based on reasons other than legal action to obtain property ownership, including Finding Lost' dissertation">Lost, treasure trove of discovery and preemptive actions to obtain such facts ownership of movable property subject matter. In real life, because people lost items momentary carelessness, others Lost Property phenomenon is not uncommon, but because of problems caused by the return of the Lost Property disputes are also common. To this end, all countries in its civil code to develop the appropriate provisions to regulate the behavior of the Lost Property, Japan also issued a special \Lost system for research has important theoretical value and practical significance. Today, China's market economy system has been basically established, the state also has taken public ownership is dominant and diverse forms of ownership develop the basic economic system. In this context, it is the pursuit of wealth, the pursuit of the return on investment is proportional to the legitimate demands have become, people's moral standards and values ??has also undergone a corresponding change. But our system of legislation on Lost but stick to the precepts of the neglect of the old regime should be with the social environment changes. Lost in the system of legislation on the integration of too many ethical considerations, ignoring the interests of the demands made on human behavior is not appropriate legal requirements, the noble ethics rise to the legal norms, the moral ideal aspirations and needs of the secular interests exists between the value conflicts emerged, resulting in a loss of finders and a serious imbalance between the interests, so as not conducive to stimulating Finders Keepers things, but not conducive to a positive return of property finders, not conducive to the protection of the property rights of missing persons. Thus, according to the actual, learn from foreign legislation, reform of the existing system of lost property is imperative. The thesis consists of an introduction, body and conclusion of three parts, introduction to ask questions, the conclusion pack full, and as the main body of the article is divided into the following three parts: The first part of the basic theory of the lost property system. The first and most important thing is to define the concept of lost property, in order to pave the way for the later discussion. Lost on the concept of multi-national Civil Code have not been expressly provided, scholars have different opinions, there is no consensus. Articles in the consolidated Roman law and the \chattel. Then the Lost and discrimination related concepts, in order to be more clear its characteristics. Analysis of the object including the concept very similar thing left behind, followed including discards, mistakenly accounted thing, treasure trove, drift and sank goods. Then a detailed analysis of the constituent elements of lost property, put forward five requirements: First, the subject of movable property; Second, the person in possession shall lose possession; three is not based on possession of the loss shall be the person in possession I mean; fourth is to be present in non- who occupy state; Fifth be non-bona. Finally, the behavior and the Lost Property Finders Keepers finds analyzed in detail. Lost is the fact that the behavior rather than legal action, so Finders capacity is not necessary to have, as long as it has the natural ability to control on the matter can be. Lost and found in actual possession of the human Finders, natural and legal persons may become finders. Lost possession of several people at the same time, the number of persons as joint finders. Use violent means to prevent others from his possession and possession or otherwise unlawfully possession of the people lost property, are also considered finders. The second part of the lost property system in comparative legislation. Studies include comparative legislation and lateral longitudinal study lasted a total time of study. Lasted study included Roman, Germanic law the relevant provisions of the relevant legislation in ancient China as well as modern typical national legislation. Required Lost Property is an earlier Roman legal relationship, its insistence on absolute principles of ownership, fully protect the interests of missing people, while ignoring the legitimate interests Finders, Keepers person shall have the right to request compensation, but no conditions attached to obtain ownership. Germanic law provisions on Lost have a greater difference than Roman law, more emphasis on its relationship Lost facto possession of the sacred principles of ownership restrictions, to take ownership of that doctrine were made. In ancient China's legislation, legislation on the lost property system in each period's attitude is different, from the Western Zhou Dynasty to the Tang Dynasty before, as well as well as the Republic of the Ming and Qing law are clearly defined Keepers' compensation claims. Denied Keepers' compensation claims, are sent to the official stressed, no rights Finders only obligation is only Song and Yuan dynasties. Is typical of the German law on, 法国 France, Japan and France, China's Taiwan and France about lost property system were carried out detailed analysis of legislation. In synchronic comparison, mainly from the perspective of value analysis system of the modern state legislation Lost legislation of two very different analysis, one is given to the person who finds compensation claims and the conditions attached to obtain ownership of the legislative model, another species are denied Keepers' compensation claims, attach conditions to obtain ownership while taking unpaid Finders Keepers, the state takes ownership of the legislative model. In value analysis is based on the ethics and economics of moral analysis system for lost property and economic analysis, the importance of, the person who finds the right to request compensation given to the person who finds obtain ownership rights and conditions attached to not only meet today's social realities ethical standards and consistent environment for the development of market economy under the \The third part of the lost property system Legislative Defects and Perfection. In this section first analyzes the current situation of China's legislation and legislative reasons. That the new enactment of the \Then analyzed separately in the legislation system of China's Lost Property values ??and system design flaws, and were made for the perfect proposal. In the design of the system and correct the biased part of the \In this regard, the perfect proposal involves giving rewards Finders claims, liens, attached conditions to obtain ownership. Finally, the country lost property regime specific legislation designed not only to key concepts of science defined and clarified the Finders and the rights and obligations of the recipient.

Lost System

Abstract

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