“遗失物”概念之解析

遗失物是占有人确定但占有人丧失了占有的动产。对遗失物概念进行明晰是构建遗失物制度的前提。遗失物的构成要件包括须为有主的动产,须占有人丧失占有,须无人占有。遗失物与遗忘物的区别在于遗失物须有占有人丧失占有且无人占有的情形发生,而遗忘物从未处于无人占有状态。遗失、拾得是事实行为,抛弃是法律行为。埋藏物必隐藏于他物之中且所有人不明。国家机关可以成为拾得人,但不得享有报酬请求权。

Analysis of the Concept of Lost Property

Lost property is the personal property whose certain possessor lost his possession. The construction of lost-property system rests on the premise of a perspicuous analysis of the concept of lost property. There are three requirements of lost property: they are the personal property; The possessor lost his possession; No one exercises possession of the movables. The possessor lost his possession and no one take control over the lost property while the mislaid property is always under possession, which distinguishes the lost property from. mislaid property. Losing and picking-up are factual behaviors while abandoning is of juristic act .Hidden property is hidden in other things and has no certain owner. State organs may act as finders without being entitled to ask for reward.