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占有脱离物在法律定义上涵盖了包括遗失物、盗赃物和遗忘物等由于主观或客观原因脱离自己身边的物品,但是从我国《物权法》相关条例可以看出,仅规定了遗失物善意取得问题,不得不承认《物权法》相关条例在占有脱离物的规定适用对象上还存在些许瑕疵。本文通过《物权法》中对占有脱离物存在争议点出发,分析不同情况下占有脱离物所有权归属问题,并对其提出了改进措施,旨在促进占有脱离物所有权归属问题在《物权法》中更加全面的体现。
Possession of detached objects in the legal definition covers items such as lost property, stolen goods and forgotten objects that are separated from themselves by subjective or objective reasons. However, as can be seen from the relevant provisions of the “Property Law” of our country, only the acquisition of the goodwill of the lost property is stipulated , Have to admit that “Property Law” related regulations in the possession of the provisions of the provisions of the object there are still some flaws. Based on the controversy over the possession of the detached objects in the Real Right Law, this article analyzes the ownership of the possession of the detached objects under different circumstances and proposes some improvements to it to promote the ownership of the possession of the detached objects more fully in the Property Law The embodiment.