摘要
《物权法》第二十八条规定了因判决而生的物权变动,然而该条所规定的判决究竟为何种判决、何种的法律效果并没有明确。本文旨在从民事诉讼法理论关于诉的分类(即确认之诉、给付之诉、形成之诉)着手,对该条所规定的判决究为何种判决做一个分析,从而为该条的正确适用略尽绵薄之力。
The Change of Right in rein due to Judgement is stipulated in the Code of Right in rem 28. It is not clear what kind of judgement is this judgement in 28 as well as its legal effect. It is the purpose of this paper what kind of judgement is the judgement, which is prescribed in 28, trough analysis of the three types （lawsuit of establishment, lawsuit of achievement, lawsuit of creation） based on the theory of civil procedure. Thereby, the application of the article can be better than before.
出处
《安徽警官职业学院学报》
2011年第2期14-17,共4页
Journal of Anhui Vocational College of Police Officers
关键词
给付之诉
确认之诉
形成之诉
物权变动
lawsuit of establishment
lawsuit of achievement
lawsuit of creation
change of right in Rein
