与大陆法系国家的做法相类似,我国物权法中规定了物权法定原则,即物权的种类和内容,由法律规定。从历史发展角度,物权法定原则对社会经济大发展有不可磨灭的功劳,这种制度的存在有一定的理论根据。但是随着经济的发展,物权法定原则同时又表现出一些弊病,因此,对该原则必须做出相应的调整,允许存在一些缓和措施,以更好地发挥其作用。 Similar to the practice of civil law countries, China’s Real Right Law stipulates the legal principle of real right, that is, the type and content of real right, which is stipulated by law. From the perspective of historical development, the legal principles of real rights have an indelible credit for the great development of social economy. The existence of such a system has some theoretical basis. However, with the economic development, the statutory principle of property rights also shows some drawbacks at the same time. Therefore, the principle must be adjusted accordingly and some mitigation measures should be allowed to play its role better.