论物权契约

On Contract of Real Right

物权契约是德国法的一个抽象的概念,是德意志法的产物,无因性是物权契约的理论基础。物权契约理论一直为一些德国学者和法官批判,近年来出现了一种物权契约理论相对化的发展趋势。物权契约是德国法所特有的,并没有为世界其他国家的法律实践所采纳,我国的情况也大致如此。

: Contract of real right is an abstract concept in German Law, a result of German Law and abstract nature is theoretical base for contract of real right, which has always been criticized by some German scholars and judges. In late years, there has emerged a development trend of relative theory for contract of real right. It is characteristic of German Law, which is not adopted by law practice in other countries, similar case with China.