双重所有权争议之无益性——以罗马裁判官法为视角

On the Disadvantages of the Dispute on Double Ownership

追溯与梳理近代民法产生之前古罗马时代的各种所有权类型,以更加宽泛的视角考察财产归属的具体形式,可以发现,"双重所有权"概念的提出或许是现代人对于罗马法的误解,或者说罗马时代就不曾出现过近代私法意义上的浑然一体的所有权概念。双重所有权争议是由现代学者"以今释古"的思维定势造成的。

By studying the ownerships in ancient Rome, which appeared before modem civil law, and researching the concrete forms of property ownership with a wider view, we find that the concept of ＂double ownership＂ may show that modem people have misunderstood ancient Roman law. On the other word, in ancient Rome, there was no concept on ownership which once appeared in modem private law. The dispute on double ownership was caused by modem scholars＇ thinking mode of ＂interpreting ancient items based on modem understandings＂.