取得时效研究
发布时间：2018-12-14 08:17
【摘要】：取得时效制度产生于古罗马法时的十二铜表法,大多数资本主义国 家在立法中均采用了此项制度,我国由于受苏俄民法典的影响,一直认 为取得时效与社会主义制度相悖,而予以否定。九十年代以来,我国推 行了社会主义市场经济制度后,建立与社会主义市场经济相适应的完善 的民商法制度的必要性与紧迫性与日俱增、势在必行,特别是国家立法 机关提出制定物权法后,建立我国的取得时效制度成为学者之共识。本 文试图通过对各国取得时效制度及我国现状的分析,进而对我国取得时 效制度进行立法思考,诸如:各国的取得时效制度研究、借鉴,我国建 立此项制度的必要性及具体制度的设计,以期对我国取得时效制度的建 立有所裨益。
[Abstract]:The acquisitive prescription system came into being in ancient Roman law, which was adopted by most capitalist countries in their legislation. Because of the influence of the Soviet Civil Code, most capitalist countries adopted this system in their legislation. It has always been recognized that the prescription of acquisition contradicts the socialist system and denies it. Since the 1990s, after the introduction of the socialist market economy system, The necessity and urgency of establishing a perfect civil and commercial law system adapted to the socialist market economy is increasing day by day, and it is imperative, especially after the enactment of the property law by the state legislature, It has become the consensus of scholars to establish the acquisitive prescription system in our country. Through the analysis of the acquisitive prescription system and the present situation of our country, this paper tries to legislate the acquisitive time-effect system of our country, such as: the research of the acquisitive prescription system in various countries. For reference, the necessity of establishing this system and the design of concrete system in our country are expected to benefit the establishment of the prescription system in our country.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D923
本文编号：2378271
[Abstract]:The acquisitive prescription system came into being in ancient Roman law, which was adopted by most capitalist countries in their legislation. Because of the influence of the Soviet Civil Code, most capitalist countries adopted this system in their legislation. It has always been recognized that the prescription of acquisition contradicts the socialist system and denies it. Since the 1990s, after the introduction of the socialist market economy system, The necessity and urgency of establishing a perfect civil and commercial law system adapted to the socialist market economy is increasing day by day, and it is imperative, especially after the enactment of the property law by the state legislature, It has become the consensus of scholars to establish the acquisitive prescription system in our country. Through the analysis of the acquisitive prescription system and the present situation of our country, this paper tries to legislate the acquisitive time-effect system of our country, such as: the research of the acquisitive prescription system in various countries. For reference, the necessity of establishing this system and the design of concrete system in our country are expected to benefit the establishment of the prescription system in our country.
【学位授予单位】：黑龙江大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D923
【引证文献】
相关硕士学位论文 前2条
1 齐睿;取得时效制度研究[D];黑龙江大学;2011年
2 徐俊杰;取得时效适用范围研究[D];大连理工大学;2007年
，本文编号：2378271
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