宣告死亡制度存废之探究

自然人失踪之后,对其本人及其利害关系人利益保护的立法体例,各国民法可分为法国式、德国式、意大利式、苏俄式四种类型。《民法通则》制定之初,受苏俄民法影响,继受了苏俄式。然而,此立法体例在实务中弊端甚多,我国大陆地区制定民法时,应摒弃现行立法体例,继受法国式。

An Inquiry into the Necessity of Declaration of Death

After the disappearance of a natural person, there are four types of legislative protective models for the principle and persons interested: the French model, German model, Italian model, and Soviet-Russian model. The General Principles of Civil Law of China adopted the Soviet-Russian model in its legislation. However, there are many defects of this model in practice. It is suggested that when enacting civil code of China, adopt the French model.