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随着社会经济的发展,环境利益与物权人享有的经济利益产生冲突,这成为对物权的“绝对性”起限制作用的重要因素。对环境利益的考量必须体现在物权法中,这不仅能够弥补环境法的权利缺失等不足,而且是相邻权和用益物权等物权制度的价值所在。为了避免物权法在鼓励人们追求财富的同时带来更大的环境问题,在物权法中对环境保护进行权利义务上的规定也显得尤为重要,这是物权法的创新,也是民事法律体系化的要求。正是这些原因,我国《物权法(草案)》(第七次审议稿)的许多条款体现了对环境的关怀。
With the development of society and economy, the conflicts between the environmental interests and the economic interests enjoyed by the property owners become an important factor that restricts the “absolute” of the property rights. Consideration of environmental interests must be reflected in the Property Law, which can not only make up for the lack of rights and other environmental law, but also the value of property rights such as neighboring rights and usufructuary rights. In order to avoid the property law to encourage people to pursue wealth while bringing greater environmental problems, the rights and obligations of environmental protection in the Property Law also appears to be particularly important, which is the innovation of property law, but also the system of civil law requirements. It is for these reasons that many provisions in our “Property Law (Draft)” (the seventh draft) reflect the concern for the environment.