| Rather than accepting acquisitive prescription, the Chinese Civil Code provides in Article 192 (2) for the limitation of claims for the return of unregistered chattel. Such chattel should be of high commercial value and tradability. When the time period of limitation expires, the possessor can invoke the limitation to extinguish the ownership of the original right holder and acquire the ownership by preemption. In Article 192 (2), such elements of acquisitive prescription as blatant possession, possession on one's own, and continuous possession are absorbed by the rules on the commencement, interruption and re-commencement after the completion of limitation, and the elements of peaceful possession of acquisitive prescription are incorporated into the special regulation on the right to claim for restitution of theft, but the element of good faith possession is reasonably abandoned. The last acquirer of possession benefits all periods of limitation when acquiring rights from his predecessor, but for the subsequent misappropriation, the limitation period should be recalculated independently. |
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