取得时效制度的存在理由

Abstract

中日两国民法关于时效的规定存在若干差异,日本民法有取得时效的规定,而中国民法则无。笔者对日本民法上取得时效制度的存在理由进行了探究,并得出如下结论：以“所有人”的意思对实际占有、管理的标的物进行维护和管理的占有人,因其对财物进行了有效的利用,从而因取得时效而取得所有权。

As far as the prescription is concerned, there are some differences between the civil law of China and the civil code of Japan. The former does not provide the acquisitive prescription which has been stipulated in the latter. After explorating the legal foundation of acquisitive prescription in Japanese civil code, this article concludes that the efficient utilization of the property which has been occupied and managed in the name of owner by the possessor leads to the ownership acquired by acquisitive prescription.