即時取得とは何か : -「盗品」の意味から-

概要

論文の詳細を見る
According to the common opinion, the provision for the immediate acquisition contributes entirely to the security of transactions. Therefore, both lost and stolen goods which are excluded as the exceptions to the acquisition should be understood as narrowly as possible.But the opinion seems to me to fail to explain why the goods which were swindled or put in charge can not be the exceptions. It is not always true that those who lost their properties or had them stolen were not careless, on the other hand, those who suffered damage from conversions or frauds were careless.So, my conclusion is that all properties which got out of the control of an owner against his will should be replevied. The immediate acquisition is a rule of the presumption of ownership for the presentpossessor, but not a rule of the investment of ownership.
秋田大学の論文