对物权法定原则的重新审视

Re-examine the Statutory Principle of Property Rights

物权法定原则之始初的目的是整理旧物权,防止封建物权的复活。在现实生活中,物权法定主义获得了保障交易的便捷、安全等实证上的优点。但是物权法定主义因其对物权种类和内容的限制也导致了物权法的僵硬性,而我国正处在激烈变革的社会转型时期,新型物权不断在实践的探索中形成,物权法明确规定物权法定原则,必然会抑制新型权利的出现。如何在物权法定模式下实现当事人一定程度的私法自治,对新出现的物权种类在法律上及时总结、承认,从而适应社会的演进,是重点要解决的问题。

At the beginning Property legal principles aimed at finishing the old property fights, to prevent the revival of the feudal property fights. In real life, property fights got access to the legal protection of transaction convenience, security and other evidence on the merits. However, property fights and their legal property fight type and content restrictions also led to the rigidity of the Property Rights Law, while China was in a transitional period of intense social change, the new property fights in practice in the form of exploration, property law made clear that the statutory principle of property rights, will inhibit the emergence of a new fight. property statutory model with regard to how to achieve the parties a certain degree of autonomy of private law, the new types of property fights in a timely summing up the legal recognition to adapt to the evolution of society, is to be discussed in this paper.