论文部分内容阅读
物权法定原则是物权法的一项重要原则,它充分体现了国家意志在物权创设问题上对当事人意志的一种强制,具有合理性。但随着社会情势的变化,物权法定主义的保守性及僵化性也日益明显的显露出来,而物权中的意思自治则为适应社会生活的需要得到进一步发展,物权法定主义出现自由化发展趋势,这种变化是否动摇了物权法定主义理论,那么物权法定与自由到底又是什么关系,本文试图对这些问题做简要的探讨。
The legal principle of real right is an important principle of property law, which fully reflects the will of the will of the state will impose a kind of mandatory and reasonable on the will of the parties. However, with the change of the social situation, the conservative and inflexibility of the legal doctrine of real rights has become increasingly evident. However, the autonomy of autonomy in real rights has been further developed in response to the needs of social life, and the development trend of liberalization of real right statutory laws Whether this kind of change has shaken the legal doctrine of real right, then what is the relationship between the statutory right and freedom in the end? This article attempts to make a brief discussion on these issues.