物权变动区分原则探微

The Probing into Distinguishing Principle of Transferring Real Rights

形式主义的物权变动模式,存在一定的区分要求,区分原则与物权行为密切相关。物权行为的有因性与无因性理论是关系到当事人重大利益改变的法律价值取向问题。区分原则清晰了交易中当事人之间的法律关系,是保护交易秩序和交易安全的前提。

It is formalistic Principle of Transferring Real Rights that has some requirements to distinguish.Distinguishing Principle is closely related to the act of real rights.The theory of causation or absoluteness in the act of real right is a problem of value orientation which has great influence on the benefit of both parties.Distinguishing Principle clarifies the legal relations between parties,and it is also a prerequisite for maintaining the order and security of business.