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物权法中包含着很多问题,这里仅仅提出两点。一、物权、债权的差异1.民法典体系(编别)中将物权、债权各列为一编虽然也有问题,但这里姑且将分别设立物权编和债权编作为根据,在此基础上揭示物权与债权的差异。德国民法典分为两编的重要理由是采取了物权行为无因性的观点。即使不采用这种观点,也有必要对这一问题进行思考。不过,在任何国家里,这个问题都是争论的对象,很难进行统一规定。另一方面,我们又经常作出“这是属于物权的
Property law contains many problems, here just put two points. First, the difference between real rights, claims 1. Civil Code System (Compilation) will be listed as a series of real rights and claims, although there are problems, but tentatively set up a copy of the real right and creditor's rights are based here, based on this basis Reveal the difference between real rights and claims. The important reason why German civil code is divided into two parts is that it takes a non-factorial view of property rights. Even without this view, it is necessary to think about this issue. However, in any country, this issue is the subject of controversy and it is very difficult to make uniform provisions. On the other hand, we often make ”this is property rights