所有权定义分析——对两种所有权定义方式之反思

On Definition of Ownership: Review on two Means of Definition of Ownership

大陆法系所有权有两种定义方式,即“抽象概括式”与“具体列举式”。从法逻辑学意义上讲,以抽象概括方式给出一个科学的所有权定义是可能的,但这样的定义很难作为民法典所有权定义。就所有权概念所负载的价值而言,“抽象概括式”所有权定义更加符合所有权自由之理念。物权法定原则只能适用于抽象的所有权定义,不能适用于具体的所有权定义。我国未来民法典应以抽象概括方式规定所有权内容,不规定所有权定义。

In civil law, there are two means of definition of ownership: abstract and concrete. It is possible to scientifically define ownership in legal logic, but such a definition cannot be accepted into the code of civil law. According to value contained in concept of ownership, the abstract definition of ownership is better in accord with freedom of ownership. The doctrine applies to ownership defined only by abstract means, not by concrete ones. China should not make the definition but the content of ownership in abstract means in future code of its civil law.