Research On The Preemption System

Preemption refers to the person is in possession of ownerless movables with thedeclaration of possessing it, and thus to obtain the legal fact of ownership. As one ofthe oldest original way to get property ownership, preemption was described in theJus gentium of the Roman Law. Following the Roman Law, the majority of thenational legislations all over the world adopted this original way of acquisition of theproperty ownership, namely preemption system. Today, although the goods are fullyused by people than before, but there are still many ownerless articles in our daily life.With the time goes by, the oldest preemption system has not been abolished, instead,it plays a very important role, can promote the goods recycling, make sure theownership of goods, and promote the development of our society. Preemption waswidely recognized in our ancient law, but it isn’t clear prescribed in our existing law.To have a deep research on the preemption system, will have important theoretical andpractical significance. Preemption has its legal nature, which is not only differentfrom finding the lost property and hidden property, but also acquisitive prescription.The composing conditions of the preemption as follows: the goods should beownerless movables without legal prohibitive provision or without preoccupancy rightfrom others, the possessor should have the intention of becoming ownership andmanage the goods actually. There are differences between the system ofAnglo-American law and the civil law system, but they all developed and improvedthe legislative practice and judicial practice of preemption system. The constructionof preemption system is very necessary, which can connect the legal system of ourcountry to other countries, accept the social customs and respect the social practices,and achieve the optimal utilize of ownerless articles. According to our basicconditions and system, establishing the preemption system should adopt theeclecticism legislation model, classify the scope of the subject and object, place thespecified legal provisions in the provisions of ownership achievement of the RealRight Law.