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取得时效又称占有时效,是指非所有权人在一定期间内连续占有他人之物,从而取得占有物之所有权的法律制度。取得时效源于古罗马的《十二铜表法》,后为资产阶级各国所沿用。但是,从第一部社会主义民法典——《苏俄民法典》诞生以来,多数社会主义国家都否定了取得时效。我国《民法通则》中的“诉讼时效’完全是针对债权关系而设的,故属于传统民法的消灭时效,而无取得时效之意。笔者对我国应建立什么样的取得时效制度作一浅述。
Obtained time, also known as possession of aging, refers to the non-owner of possession of others for a certain period of time in possession of others, so as to obtain the ownership of the legal system. Obtained timeliness from the ancient Roman “Twelve Tables”, followed by the bourgeois countries. However, since the birth of the first socialist civil code, the “Soviet Civil Code,” most socialist countries have denied timeliness. The “limitation of action” in China's General Principles of Civil Law is entirely based on the relationship between claims and claims, and therefore it belongs to the eradication of the traditional civil law, without obtaining the meaning of limitation. The author gives a brief account of what kind of system of limitation of limitation should be established in our country .