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对私人所有权不当处分的规制伴随所有权制度始终,但囿于其不当处分涉及范围极为广泛,实证法难以逐一回应。而作为私法边界的公序良俗原则以其内涵的不确定性,切实维护着“社会妥当性”价值。以“违反公序良俗”为同理性构建私人所有权不当处分的具体类型,可增进对该领域的更清晰认识,提升司法实践中驾驭该领域的能力。
The regulation of improper disposal of private ownership has always followed the ownership system. However, since the scope of improper punishment is extremely wide, it is difficult for the positive law to respond one by one. The principle of public order and vulgarity, which is the border of private law, effectively maintains the value of “social properness” with the uncertainty of its connotation. Building a specific type of improper disposal of private ownership based on the principle of “violating public order and good customs” can enhance the understanding of this area and enhance the ability to control the area in judicial practice.