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无主物的规定,在民法理论上被认为属于原始取得财产所有权的范畴,唐律对之规定甚为周详,并在一定程度上与国外民法的规定暗合。我国民事立法应在对唐律的规定扬弃的基础上,合理取舍,如此方能实现承继固有优良法律传统与和国外先进立法接轨的兼顾。
The principle of masterlessness is regarded as belonging to the category of original ownership of property in the theory of civil law. The law of Tang Dynasty is very thorough and to a certain extent in line with the provisions of the foreign civil law. China’s civil legislation should be based on the provisions of the law to abandon the basis of a reasonable choice, so as to be able to inherit the inherent fine legal tradition and the integration of advanced legislation abroad and take into account.