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虽然天价“乌木案”早已尘埃落定,但其所引起的乌木归属纠纷早已超越该案本身的纠纷内容而成为备受人们争议的焦点,即公众亟需产权明晰的所有权环境。先占制度之于明晰产权犹如地基之于大厦。乌木是本应适用先占制度的无主物,而我国的民事立法上并没有先占制度的明确规定,因此作为一个有着悠久历史的国家,为了防止此类纠纷的不断发生,亟需明确无主物与埋藏物之间的差异性并在民事立法上明确先占制度以及类似乌木的高价值的自然物的归属。
Although the high price of “Ebony case” has long been settled, the controversy over the disputes over the ownership of ebony caused by it has already become the focus of much controversy, namely, the public is in urgent need of a clear environment of ownership. Pre-emptive system to clear property rights is like foundation in the building. Therefore, as a country with a long history, in order to prevent the continuous occurrence of such disputes, it is urgent to make it clear that there is no need to prescribe the system. And the difference between the buried objects and clear the preemption system in the civil legislation as well as the ownership of the high value natural objects like the ebony.