论物权法定原则的缓和

On the Alleviation of the Statutory Principle of Property Rights

物权法定原则在现代社会存在的根据为维护交易安全、降低交易成本、促进交易快捷。《物权法》虽规定了物权法定原则,但并没有规定如何解决克服因物权法定的僵硬化所带来的问题。物权法定原则确有滞后于社会生活的弊端。一方面物权不得不实行法定,另一方面物权法定又面临着僵硬化的问题。物权法定原则涉及一个国家的基本经济制度及资源分配,可考虑通过立法解释来缓和物权法定之僵化问题。

The statutory principle of property rights is to maintain the transaction security, reduce the transaction cost, and promote the transaction efficiency. Property rights law stipulates the statutory principle, but it does not regulate how to solve the problems caused by the rigidity. The statutory principle of property rights indeed has some defects that lag behind the social life. On the one hand, property rights have to be legalized l on the other hand, the statute of property rights is at the risk of rigidity. The statutory principle of property rights involves the basic economic system and distribution of resources in one country, therefore the problem of rigidity may be alleviated by legislative explanation.