公示公信力与物权行为无因性的比较研究

A Comparative Study of Public Trust in Public Notification and Non causativeness in Legal Act of Property Right

公示公信力意在实现交易安全，尽管有时会对原权利人保护不量能实现社会交易安全状态之均衡，寝室峄动态与静肪间歇安全与当事人利益保护的兼顾。物权行为无因性就是把物权变动的意思表示从债权契纺中抽象出来并轴加以公示手段。公示公信力和物权行为无因性各有其自身管用条件，量它们发生法律效力的时间并不一致，后者在公示前适用，前者在公示行为完比地后透用。物权行为无因性既有实际操作的复杂性。

The purpose of public trust in public notification is to ensure safe trading. Non causativeness in legal act of property right means to abstract the intention of changes of property right from credit contract and to give it a public notification. The two concepts have their respective applying condition and with differences concerning the time of legal effectiveness. The latter applies before notification and the former applies after notification. The shortcomings of non causativeness in the act of property right are its complication in real application and the suspected extremity in legal protection. We should have a system to keep the changes of property right in an easy and effective way, which should not recognize non causativeness as a precondition in public notification to maintain safety trading.