扩用所有权是中世纪法学家在评注罗马法文本的过程中构建的一种独特的物权学说。罗马法所有权制度无法适应中世纪独特的经济和土地制度,因此法学家们尝试利用《国法大全》原文构建扩用所有权学说。在封建法和其他许多专门的土地制度中,物的形式所有权和它的使用权相分离,二者分别构成独立的所有权。诸多在罗马法中不属于所有权范畴的物权状态都被划归扩用所有权之列,形成十分庞大的二元所有权体系。然而,嗣后的人文主义法学家认为这一学说背离了罗马法的本意,尝试建立新的、更为严谨的物权体系来取代这一中世纪遗产。在近现代,这一理论因为不符所有权绝对、统一、排他的原则而逐渐衰落,并为现代民法典所废除。然而,这一理论在当代法的某些领域,其现实价值仍值得关注。 The expansion of ownership is a unique doctrine of real right built up by medieval jurists in commenting on the Roman law. Roman law ownership system can not adapt to the unique medieval economy and land system, so jurists try to use the original “National Law” to build the expansion of ownership theory. In feudalism and many other specialized land systems, the formal ownership of an object is separated from its usufruct, both of which constitute separate ownership. Many of the state of property not belonging to the category of ownership in the Roman law are classified as expanding ownership and forming a very large dual ownership system. However, later humanist jurists considered this doctrine to have deviated from the original intention of Roman law and tried to establish a new and more rigorous system of property rights to replace this medieval heritage. In modern times, this theory gradually declined due to the absolute, unified and exclusive ownership of ownership and was abolished by the modern civil code. However, in some areas of contemporary law, this theory still deserves our attention.