取得时效制度的产生与存在是有其历史原因的,经过长期的发展,取得时效逐渐成为私法上的一项重要制度。作为一种物权取得方式,取得时效的构成因各国立法政策之不同而有区别,检讨其要件,一般认为有占有他人之物事实之存在、法定期间之经过,至于善意与否,则纯属立法政策问题,而非制度逻辑之结构要求。分析其客体范围,取得时效主要适用于动产、不动产之所有权及其他财产权,但在各国立法例上,取得时效的适用受到诸多的限制,其范围日趋狭窄。对于我国应否建立取得时效制度,学界一直存有争论,就其要义,实质在于取得时效制度在我国是否有其适用余地。通过分析善意占有及恶意占有情形下取得时效制度之适用可能,可以发现在善意取得、登记制度、占有制度等民法所有权取得及相关制度的夹缝中,取得时效已无生存空间,加之其功能可为诉讼时效所取代,且无理论上之存在基础,故民法典中当然不必建立取得时效制度。 Obtaining the existence and existence of the limitation system has its historical reasons. After long-term development, the attainment of the limitation gradually becomes an important system in private law. As a form of acquisition of the right of property, the constitution of obtaining the limitation of time differs according to the different countries' legislative policies and reviews its elements. It is generally considered that the existence of the facts of possession of others, the passing of the statutory period, and the goodwill or not are purely Legislative policy issues, rather than the structural logic of the system requirements. Analysis of the scope of its object, to obtain the limitation is mainly applicable to movable and immovable property and other property rights, but in the national legislation, the application of the limitation is subject to many restrictions, its scope is becoming narrower. As to whether or not China should establish a system of obtaining the limitation of limitation, the academic circles have been arguing for a long time. In essence, the essence is whether the limitation system can be applied in our country. By analyzing the possible application of the system of limitation under the conditions of goodwill possession and malicious possession, we can find that there is no room for survival in the acquisition of the ownership of civil law and related systems, such as the acquisition of goodwill, the registration system and the possession system, Litigation over time, and there is no theoretical basis for the existence, it is certainly not necessary to establish a civil statute to obtain a prescription system.