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财物遗失后,关于遗失物所有权归属、遗失物所有人与遗失物拾得人之间的权利义务关系成为各国法律面前的一个重要问题。我国法律只赋予了遗失物拾得人必要费用请求权,本文从历史法学与和价值法学的角度论证了这一规定的弊端与不足,主张应当赋予遗失物拾得人报酬请求权和一定条件下取得遗失物所有权的权利,完善我国遗失物拾得人的权利体系。
After the property is lost, the rights and obligations between the owner of the lost property and the owner of the lost property become an important issue before the laws of various countries on the ownership of the lost property. The law of our country only gives the requester the right to claim the lost property. This paper demonstrates the drawbacks and shortcomings of this provision from the perspectives of the law of history and value jurisprudence, advocates that the claim of remuneration for the lost property should be given and the loss should be obtained under certain conditions The right to ownership of property, and improve the system of rights of people who have lost their property in our country.