Discussion On The Reconstruction Of China's Currency Property Transfer Rules

As a special movable property in civil law,cash money is a kind of physical object and a highly alternative consumer goods and species.Based on these characteristics," possession that is all" was introduced by our civil scholars as the basic rule for adjusting the circulation of money ownership,and has been cited in judicial practice.In fact," possession that is all,is not as perfect as expected.On the one hand,the reasons listed by scholars are not enough to prove the necessity of establishing the rule;on the other hand,from the perspective of its contents and implementation effects,it cannot balance transaction security and ownership security.From the perspective of comparative law,it is also not a common rule for civil law countries to adjust the circulation of currency ownership.In fact,the right of cash money also can apply the real right of movables."Possession that is all" plays only limited role as a constructive rule.In addition,the characteristics of money does not serve as a reason for excluding the system of the claim for restitution and good faith acquisition,otherwise it will harm the interests of the money owner and the bona fide third party.