英语翻译. 高分.机译免答.四、丢失之物1.丢失之物不能善意取得 如果所有权人非自愿地丧失了对物的占有,他的所有权丧失就

Fourth, the lost thing
A loss of things can not be acquired in good faith
The owner involuntarily lost possession of the material, the loss of his ownership there is no rationality. For this reason, 935 exclude on stolen, lost, lost things, and for other reasons, in good faith to obtain. Can be seen, according to the expression of 935 on stolen and lost just as the individual applies to the case under the general concept of loss.
The lost do not have (not necessarily in violation of) possession of the people the meaning of possession loss. Just forgotten something generally not lost. Play a decisive role only mean the person in possession. In the case of common possession must be agreed possessor. In the absence of a person in possession to give up possession of the means to constitute a loss, only for him to not be considered by the mean can not resist the compulsory? Here means purely a matter of fact the meaning of full capacity people can have.
Example: If the direct possession of the consent to take up the matter, even picked up a violation of his, he does not constitute lost. The meaning of possession of the assisted person is also not be considered. If the employees of E, F agree stole entrusted to his car, still constitutes a loss, play a decisive role only mean that the person in possession E. Possession assisted person to the outside world performance of an independent person in possession, assignee can believe what he meant.
Once something is missing, not only the first assignee, the assignee can not be acquired in good faith. D will be the transfer of his stolen things from E to H, even if the H transfer to A, A transferred to B, are due to the loss can not be acquired in good faith. E may require the return of B under section 985
2 Despite the loss can still be acquired in good faith
Individual items of particular importance because of their smooth circulation of economic activity, the provisions of paragraph 2, of 935, despite the loss can also be acquired in good faith. These items in addition to coins and notes, including bearer securities, bearer shares, investment shares.
In addition, a public auction on the 383, the meaning of paragraph 3 of special protection where auction items belonging to others, loss of material can also be acquired in good faith. In some countries, the priority of such commercial transactions completely replaced by Germany and France to promote the principle of two principles apply to both in Germany is not.
In good faith without burden to obtain
The loss of ownership of ownership acquired in good faith under the same conditions, the right to limit property rights may be achieved through good faith without the burden of the loss of their rights. This applies not only to the ownership transfer, also applies to the transfer of non-proprietary.
Section 936 provides that the exceptions, indirectly, the person in possession for sale by making the claim for restitution, as long as the rights of people is a direct song of the matter indirectly, the person in possession rights can not lose their rights.
Compensation, debt law
Ownership and the right to limit property rights acquired in good faith, the loss of their rights, but they enjoy the law of obligations on the compensation claim as compensation.
If the transferee in accordance with Section 346,347 and 467,812 articles bear the obligation to transfer ownership of the return of the transferor and the transfer of the ownership of the given people, there is no disposition of the transferor or can not take ownership. Rather, the ownership of a direct return to the previous owner. This can be explained by the restrictive protective function of the 932 and the following terms, these terms only to protect the assignee, without the protection of the disposition of the transferor.
Examples: V belongs to E of the material sold to K and transfer of ownership, K, in good faith to obtain ownership. Return due to material defects K. Under section 467 and 346, he must will things return to the V- Of K had no claim. Although the K 929 will be the ownership of the return of the transfer to the V, E, rather than V direct access to the ownership of the V-ago is not the owner, not just because of the termination of the contract will lose ownership, E, under section 985 requirements V return of K-refundable material.
VII Comparative Law provides for
In France and France can also be acquired in good faith, but the requirements of good faith must be a matter of fact the possession of the material. Lost things can also be acquired in good faith, but to be delivered after three years to obtain ownership.
In Italy and France, acquired in good faith to deliver as a precondition for lost things can also be acquired in good faith, and do not have to wait three years. This does not apply the material, registered in the register and registration material can only be achieved by aging
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Four, lost thing
1. Things can't good faith acquisition of lost
If the owner voluntarily lost's possession of objects, he lost no ownership of rationality. For this reason, the article 935 to ...