物权公示原则的多重视角

On the Mutiperspective of Publication of Real Right

物权变动的公示问题是物权法的一个重要问题和重要制度,各国对此采取了不同的立法例,学界也多有争议。本文认为,物权公示作为一项原则,我们对其理解和把握,不能仅仅停留在直接效力层面,它还具有安全功能、伦理基础和证据意义,并且在物权法中居于基础地位。是一项有着深厚制度底蕴和法律技术支撑的重要原则。

The publication of the change of real right is an important issue and system. Different countries take different legislations and the scholars also have much discussion about this. This article holds that publication of real right has the functions of security, morality and evidence as a pinciple. And it is fundamental in real law. So our study should be not in the level of direct effect. Publication of real right is an important principle which has many systems and legal technology supporting it.