The Theory Derivative Acquisition And Existing Law Analysis With The Rule Money Possession Confers The Entitlement Attached Thereto

It is contended by majority of scholars in China that money possession confers the entitlement attached thereto,however,with the practical development,a lot of issues remained unsettled on the scope of application and the exceptional cases of this rule and could not be perfectly explained by the rule itself which provoked thoughts of academic circles.Some theories had raised doubts,suggestions and critiques on this rule.This paper analyzed the rule of money possession confers the entitlement attached thereto by studying related theories on currency ownership in China and Japan meanwhile integrating with the background of existing law.In part two,started from the theory money obtaining was equal to its ownership under Japanese law context,we tried to explain the content of it.With a study of its origin and content,it was clear that among Japanese relevant documents there was no specific evidence to show the theory originated from Germany,besides,the similar viewpoint in Germany was no more than a statement of its own.Through the interpretation of theoretical changes,it was explicit that the leading reason for theoretical changes was the particularity of currency and the expansion of application scope.Combined with the reexamination of the rule by Japanese academic circlesrecently,it was clear that there was divergence between Japanese theories and legal precedents in terms of the content of the rule,which was much questioned by Japanese doctrines nowadays.In part three,from the perspective of theory derivative acquisition we made it clear that there was discrepancy on currency ownership doctrine between China and Japan.In Japanese theory obtaining equals ownership,the definition and usage of money-related terms was confused,moreover,Chinese scholars simply concluded this theory into money possession confers the entitlement attached thereto during translation,neglected practical context,exceptional circumstances and critique of Japanese academic circles.The resulting,theory derivative acquisition outcome was ambiguous,thus deviation appeared when the rule was put into practice especially when some of Chinese scholars and judges directly applied this rule to deposit currency.In part four,from the perspective of existing law,we analyzed the possibility of proper settlement of currency ownership attribution.On one side,in terms of currency ownership attribution presumption,cash money by principle applied to rights over the movables rules under civil law,money possession confers the entitlement attached thereto merely had limited presumption effect.On the other side,on the transformation of currency ownership,no matter considering the will of possessor like loan and custody,or not considering the will of possessor like blend and acquisition in good faith,all had its own applied rules without using money possession confers the entitlement attached thereto theory in which way reduced the unnecessary divergence and confusion.Therefore the theory of money possession confers the entitlement attached thereto had neither historical inheritance nor practical necessity.