从法学方法论角度探讨物权行为的无因性理论

On the Unreasonable Principle Theory of Act of Property from the Angle of Law Science Methodology

物权行为的无因性的理论探讨已进行多年,从纯抽象思维的角度已很难有重大突破与创新。因为人的思维抽象毕竟有一定限度,而陷入抽象理论的怪圈对现实生活并没有多大意义。从法学方法的角度,可以另辟蹊径,寻找到物权行为无因性存在的必要性的证据。体系违反是民法解释学最重要的部分之一,价值判断是法律适用方法,在它们的基础上才能灵活的适用民法解释学的各种方法。从这两个方法角度看,物权行为无因性的存在是必要的。

The discussion of the unreasonable principle of act of property has progressed for years, and there has difficulties in bringing about great breakthrough and innovation from the perspective of purely abstract reasoning. After all, there is certain limitation in abstract reasoning, and failing into such a dilemma that is of little meaning to reality. From the angle of legal methodology, this article tries to find an innovation to search for the evidence of necessity of the hermeneutics of civil law＇s existence. Violation of system is one of the most vital parts of the hermeneutics of civil law. As legal application methods and value judgment shall be basement which is based to apply variety of methods of the hermeneutics of civil law ingeniously. Overall, the necessity of existence of the unreasonable principle of act of property is explored profoundly from perspective of the two methods.