Study On Legal System Of Lost Things And Forgotten Things

With the development of commodity economy civil subject occupies more material wealth, in conformity with it, the amount and frequency of losing and forgetting things is likely to increase. So the regulations about lost things and forgotten things play more and more important role, while the existing stipulation is so simple that it can't adapt to realistic need. In the draft of law about real right the regulations about lost things and forgotten things still have some defects. They don't make difference between lost things and forgotten things and they are so general that they will bring confusing during the course of applying the law. This article begins with the definition of lost things, describes the difference between lost things and forgotten things and the different law application.This article is composed with two chapters.The first chapter underlines the definition of lost things and the difference between lost things and forgotten things. This part is subdivided into two sections.Section one is the definition and the composition of lost things. Lost thing refers to the thing that nobody occupies but someone has ownership to. There are three compositions. First ,it is moveable property ;Second ,occupant must lost occupying .Third ,nobody occupies it now .Section two is the differences between lost things and forgotten things. Lost things also have differences with booty, mistaken things and forgotten things .The differences between lost things and forgotten things are focal points in this article. There are different regulations in foreign legislation. The author's opinion is that lost things should be told from forgotten thing strictly. The key of differences between the two is the occupation style. Sounder these circumstances the things belong to forgotten things; Forgotten things refer to the things someone forgets in others house, hotel, restaurant, bathroom and so on. The distinct point of differences between forgotten things and lost things is that lost things are lost by someone, but it is occupied by nobody now, that is to say, lost things is lost certainly. But forgotten things are always occupied by someone. In the moveable style, generally speaking, forgotten things belong to " occupation— occupation" style, but lost things belong to "occupation —non-occupation" mode. The occupant's negligent behavior leads to the host or the administrator's occupation of forgotten thing automatically, no mater whether the host and the administrator find the things. While the finder of lost things must find and obtain the lost things. Forgot things also refer to the thing that someone forgets in car, boat, plane, etc. Taiwanese scholar Wang ZeJian holds this view. No mater whether forgotten things will be found by the administrator, it is under the control of the administrator of the place and it is never in the state of non-occupation. That raising animal belongs to lost things or forgotten things will distinguish according to the concrete situation. If the owner tracks the scattered raising animal, the raising animal belongs to forgotten things; If the owner doesn't track the scattered raising animal, it belongs to lost things.The second chapter emphasizes the different system and the different rights and duties between lost things and forgotten things.Section one is about the necessity of offering the finder of lost things remuneration. Many countries and areas have established this system. From the definition of lost thing, lost things is the things that occupant loses the occupation right, furthermore, the losing of occupation is certain, that is to say, the owner of lost things doesn't know who he should ask the right. Under the condition, whether the finder returns the things depends on hisconsciousness. The establishment of the right of asking remuneration will encourage the finder to seek the owner of lost property actively and to return the property. This will be beneficial to protect the finder's right.Section two is about the finder and the owner of lost things and their rights and duties. When the police find the lost things, he can't become the finder because of his special status, the unit he belongs to is the finder. But Public security organ is special country organ, so it doesn't have the right of asking remuneration. While the staff of other country organs finds the lost things, the staff is the finder. The finder of lost things has the responsibilities of noticing the owners, reporting the relevant unit, depositing, protecting, and returning. The finder has the rights of asking the cost, asking the remuneration, obtaining the ownership under some condition. The owner of the lost property can be composed with natural persons and legal persons .The owner of lost property has the responsibilities of returning the necessary cost, paying the finder's remuneration, etc. He also has the rights of taking back the lost property, compensation when the lost property injured, etc.Section three is about the effect of forgotten things. Remuneration is not suitable to the finder of forgotten things. When there is repute about forgotten things, the following regulation can be used. First, the right of asking for returning property. In the question of forgot things, the forgetting person still has the ownership to forgotten things, only the occupation is transferred to the finder. The forgetting behavior and the finding behavior leads to the obstacle of the owner applying the right, under this condition , the forgetting person can use the rights of asking for returning property . Second, the litigation of tort. The author's opinion is that when the forgetting person asks the finder to return the forgotten things, if the finder refuses to return, the finder's behavior belongs to infringing the occupation...