The Ownership Ascription And Possession Of Protection Of Bona Vacantias

Sichuan “Pengzhou high price the ebony case "since the incident in the SpringFestival of2012till now is the social hot topic, the ownership of the party ebony has beendiscussed in legal circles and public opinion more than a year, don’t have any voiceabsolutely have the advantage over, the administration of justice about this case also notconfirm the ownership of these ebonies. This fact raised the voice about our countryshould legislate on the problem of bona once again, for the preemption rules which died inthe proposed draft of property law experts, is also an opportunity to resurge.In this paper, through the introduction and brief appraisal about the progress ofSichuan Pengzhou high price the ebony case、court decisions、views in legal circles andsocial point of public opinion, do the analysis about legal nature of ebony, and combinethe three legislative models about bona preemptive since Roman law,consult the relevantprovisions of bona movable property and the burial objects、lost objects that similar to it,make the bona as the research object, demonstrate that China’s civil system shouldestablish the rules of ownership relegation that make the preemptive system as the core,establish the range of bona that is applicable to preemptive system; accord to theclassification of rules of attribution, discuss the problem of possession protection underthe situation of first accounting of ownership and possess bona in good faith.