法国动产物权变动公信力研究

Research on the Credibility Problem of the Change of Real Right of Movables Under French Legislative Model

《法国民法典》在物权变动的立法上坚持意思主义立法例,其主要观点是双方当事人意思表示达成一致时所有权即发生变动,不需其他任何外在的公示要件,但是基于双方合意的结果对于当事人之外的第三人而言却无从知晓,这就使得物权变动的公信力成为一个问题。基于此,法国通过一系列具体法律制度的建构对物权变动的公信力问题进行了规制。本文希望结合法国民法典及单行法的规定以及有关判例对法国动产物权变动的规则进行梳理,主要从所有权及时性原则、动产即时取得、公证制度三个方面展开,力求疏通三者之间的关系,进一步考察司法实践中在所有权证明问题上当权利证书与占有事实产生效力冲突之下的路径选择,探究立法的规定在司法中的实现和发展,进而全面阐明在意思主义立法模式下公信力之实现方式。

The French Civil Code establishes the principal of consensualisme and it holds the view that the real right of movables can be transferred to another person when party to a contract involve in same intentions and no other publicity factors are required at the same time.But one of the most important weakness of this modal is that the credibility of public cannot be insured which means the third party has no way to acknowledge the change of the rights.To solve this problem, the France establishes a series of specific institutions to protect the interest of third parties.In the area of movables, the system of acquisition in good faith from the French Civil Code is used to insure the credibility of public. And on the other hand, a complete notary system from special laws is also established for the same purpose.This article is intended to give a summary on the basic rules of the change of real right of movables under French socialist legislative model and it will primarily focus on the 'contract is equal to delivery' principle, the acquisition in good faith and the notary system.lt will try to figure out the relationship between the three systems and give an eye on the practice of judicial cases.After that the practical situation under which the certificate of right provided from one party is conflict with the fact of possession provided by another party will be discussed and the way developed to properly deal with this problem in practice needs to be seriously analyzed.Based on these discussions, the credibility problem of the change of Real Right of Movables in France can be systematically regulated and the way to achieve statute law in judicial cases will be learned.