不动产所有权非法律行为取得方式探究

Probe into the Illegal Acquisition of Ownership of the Real Estate

确定物的归属是物权法的根本所在,而对于政治经济意义重大的不动产来讲,确定其权属就更为重要。目前,学界对于不动产的取得,都采取法律行为取得为一般方式,对不动产适用非法律行为取得则众说纷纭。对不动产非法律行为取得方式中先占、时效、附合、善意取得等,虽尚存争议,但有一定的积极意义。

The ownership of confirmed things is always the basic point of the real right law, so it is more important to confirm the ownership of the real estate, which has both political and economic significance. So far, scholars in the legal filed have got different viewpoints on the illegal acquisition of the ownership of the real estate. Correspondingly, in order to demonstrate the positive meaning of illegal acquisition, the paper probes into the different methods of acquiring, especially the methods of preoccupation, prescription, combination and Bona fide acquisition.