私人所有权不当处分的类型化分析——以“违反公序良俗”为同理性

Typological Analysis of Improper Punishment of Private Ownership:As the Same Reason of "Violation of Public Order and Good Customs"

对私人所有权不当处分的规制伴随所有权制度始终,但囿于其不当处分涉及范围极为广泛,实证法难以逐一回应。而作为私法边界的公序良俗原则以其内涵的不确定性,切实维护着"社会妥当性"价值。以"违反公序良俗"为同理性构建私人所有权不当处分的具体类型,可增进对该领域的更清晰认识,提升司法实践中驾驭该领域的能力。

Judicial regulation of improper disposition of private ownership is accompanied by a system of own ership, but in view of its wide scope of application, the empirical method is difficult to respond. And the principle of public order and good custom as the boundary of private law, with its connotation of uncertainty, and earnestly safeguard the ＂social appropriateness＂ value. The specific type of improper disposition of ＂violation of public order and good customs＂ can enhance the clearer understanding of the field and enhance the ability of the judicial practice to master the field.