简论物权的优先效力

On the Priority Effectiveness of Property Rights

物权在效力上优先于债权,原则上可坚持两点:其一,不论何种类型的物权均优先于债权;其二,不论该物权成立之先后均优于债权。物权优先于债权亦有例外情形,主要两个典型表现:其一,"买卖不破租赁";其二,法律基于公益或社会政策之考虑。由于存在着物权的绝对性、支配力、物权变动规则和物权优先效力的体系化配置的需要,所以在设计物权的效力规则时,应当注意这些制度应该尽可能地契合无间。

On effectiveness property rights take precedence over creditors' rights as the following——First,all types of property rights take precedence over creditors' rights;Second,regardless of the order of their establishment of property rights and creditors' rights,the property rights are better than creditors' rights.Besides,the priority effectiveness of property rights are typically presented from two perspectives: First,'do not violate the lease contract during the deal';Second,the law considerates the two rights based on public welfare or social policy.Due to the absolute power and dominance of property rights,the changing rules and the priority effectiveness of property rights have to be systematically configurated.Therefore,while designing the effective rules of property rights,these systems should fit each other as much as possible.