论物权效力优先原则

On the Principle of Real Rights' Initiative Effect

物权效力优先是物权的基本效力,也是物权有别于其他权利的特征。物权相互之间的优先效力并非物权效力优先原则之内容。从物权的绝对性原则中,不能解释出物权效力优先,物权优先于债权虽通常为具体规则,但规则是由原则证成的。我国物权立法应当将物权效力优先规定为物权法的基本原则。

The initiative effect of real rights is a normal effect possessed by real rights. The difference between real rights and other rights, especially creditor＇ s rights, lies in the initiative effect. The initiative effect between real rights is not the content of real rights＇ initiative effect, the initiative effect cannot be interpreted in the absolute principles of real rights. Although the rule is real rights being prior to the creditor＇ s rights, rules are constituted by principles. China＇ s legislation of real rights should stipulate the initiative effect of real rights to be the basic principle of property law.