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物权法定原则是物权法的一项十分重要的基本原则,其地位和作用显而易见。但随着时代的进步,物权法定原则正面临着许多困境,僵化性和滞后性等缺陷日渐突出。对此,有的学者提出颠覆甚至摒弃的观点。本文认为物权法定原则虽然其本身存在缺陷,但应该通过物权法定缓和法来逐渐完善,更好的趋利避害,发挥其应有的作用。
The legal principle of real right is a very important basic principle of real right law, whose status and function are obvious. However, with the progress of the times, the legal principles of property rights are facing many difficulties, and the defects of rigidity and lag have become increasingly prominent. In response, some scholars put forward the idea of subversion or even abandonment. This paper argues that though the legal principle of real right has its own defects, it should be gradually perfected through the statutory relief law of real right, and better play a role in avoiding disadvantages and playing its due role.