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对于物权的效力历来多有争论并大致形成了三种不同的学说:“二效力说”、“三效力说”、“四效力说”。但是无论何种学说都是以物权的本质和特性为物权效力的理论依据,以公示公信为其存在的制度基础。然而由于现代物权价值观念的转变,出现了越来越多的不具有明显物权特性的物权,再加上对保障第三人利益和交易安全的重视,更多的债权通过公示而物权化,物权与债权的区分逐渐模糊化,物权的独特效力已不再像以往那样明显,受到了一定程度的限制。
For the effectiveness of property rights has always been more controversy and the general formation of three different theories: “two effects ”, “three effects ”, “four effects ”. However, no matter what kind of doctrine is based on the nature of property and property as the theoretical basis for the effectiveness of property rights to public credit for its existence as a basis for the system. However, due to the change of the value concept of modern real property, more and more property rights without obvious property rights have emerged. In addition, more attention is paid to protecting the interests of third parties and transactions, The division of right, property and debt gradually blurred, the unique effectiveness of real right is no longer as obvious as before, subject to a certain degree of restrictions.