Limitation And Remedy Of The Space Of Treasure Trove

The concept of treasure trovecan be traced back to the Rome period,followed by similar provisions in the law of other countries.The traditional concept of treasure trovein the dimensions in which the object existsis limited to the land,whether it is in the ground,beams,ceiling or other objects,which are not beyond the scope of land,thus ignoring the possibility of submerged treasure.With the advent of more cases of treasure found underwater,many countries begin to turn their attention from the land to the sea,so the concept of submerged treasurecomes into being.This article is inspired by the article 810 of the civil code of the Taiwan area,taking the submerged treasureas the focus of the study.The structure of the article is as follows:The first chapter mainly discusses the spaceof treasure trove and its limitations.Firstly,itexplainsthat the space of treasure troveis extended from the land to other places,and then puts forward the limitation in the dimensions in which the object exists,which is not beyond the scope of land and does not cover the possibility of discovering treasure underwater.All above mentioned pave the way for thesubmerged treasure.The second chapter mainly discusses the remediation for the limitations of the space of treasure trove.First of all,it elaborates the countries(regions)to make up for the limitations,listing the British law,the Greek law,the law of Vietnam and the lawof Taiwan,which leads to the focus of study--the submerged treasure.Secondly,the studies on the concept and character of submerged treasure are based on the provisions of Taiwan.The third chapter mainly Studies on the system of submerged treasure in foreign aw.This paper selects the United Kingdom and the United States as the object of study abroad,through Anglo American legal precedents and statutes to explore the system of submerged treasure in the common law,in particular the establishment of the rules of ownership of submerged treasurebecomes the center of the study.The fourth chapter is mainly about the enlightenment to the Chinese law.first of all,it expounds the legal provisions concerning the submerged treasurein China,and then makes a comment,pointing out that the concept of the submerged treasure is absence in our civil law.on the basis,the author suggests that the concept of submerged treasure should be added to the civil law,and the ownership system of submerged treasure should be constructed,expecting to perfecting our future civil legislation and promoting judicial progress.