The Theory On The Right Of Restitution About The Lost Object

Lost property system of good faith is an important civil law system,its theoretical basis for the possession of credibility,its provisions in civil law of most countries in the world.The prominent role in protecting trading order,the property law in our country has already made clear rules of the system,the property law of lost property claim to return the original items also have specific provision,but the specific content of the rule is still worthy of our discussion and research.This article is divided into three parts of introduction,text and conclusion,body part is divided into four chapters,the structure as follows:The first chapter:lost property returned to the body of the original claims.By legislation at home and abroad for reference,this chapter,to clarify the "property law" the 107th in the scope of "the holder of the ownership and other",especially the property rights of the holder of the "other" possession,creditor's rights of the people,bankruptcy administrator,and the body of the missing person's property managing agent qualification.The second chapter:lost property returned to the original right of object.To return lost property right of object in this chapter has carried on the detailed analysis.The nature of two year period belongs to the scheduled period,the statute of limitations or negative prescription were discussed and defined.The third chapter:the nature of the duration of the right of claim for lost property return the original items.This chapter to return lost property right of claim of "property law" the 107th term has carried on the detailed analysis,comprehensive various theories at home and abroad,discussed to the problems of the nature of the right of claim;In addition,for the nature of the 2 year period belongs to the scheduled period,the statute of limitations or negative prescription was discussed and defined.The fourth chapter:also shall return the original items of special problem-the paid for return.This chapter to return the right of claim in the "property law" the 107th involved in paid back several ways are analyzed,the provisions in the "sale","operator" with business qualifications and the articles which did not mention the"common market",the author had a further discussion on three kinds of situations;In addition,for the paid return case,paying the necessary consideration the nature of the problem are discussed.Return the original items of lost property right problem is an issue worth thinking,discussion and research,whether from the Angle of the theory of complete or from the perspective of legal interpretation,this problem has profound significance.Although the property law of the provisions of the relevant issues have legislation,but details of these problems,such as legislative intent is still worthy of study and discussion,in order to better interpretation and application of law to guide judicial practice.