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在交易行为中常常发生物权变动,如所有权的转移、用益物权或担保物权的设定等。传统的物权无因性理论对保护交易行为逐渐显现弊端。在以债权关系为原因行为的物权流转过程中,无因性原往往过分强化了物权移转的确定效力。在注重维护买受人及第三人利益的同时,淡化了法律对于原权利人应有的关注,致使交易双方利益不平衡,有悖于经济生活中的公正原则。相比之下,公示公信原则即肯定善意第三人的信赖利益优先于原权利人归属利益,又对原权利人相对于受让人和恶意第三人的优先权地位给予了充分保护,兼顾了对交易双方以及交易的保护。
Changes in real property transactions often occur, such as the transfer of ownership, usufruct or secured property rights and so on. The traditional non-nature theory of real right appears to defeat the transaction gradually. In the process of property rights transfer based on the debt-claims relationship, the non-causal factors tend to over-emphasize the definite effect of the transfer of real rights. While paying attention to protecting the interests of the buyer and the third party, it has weakened the law's due concern to the original right holder, resulting in the imbalance of interests between the two parties and is contrary to the principle of fairness in economic life. In contrast, the public principle of public trust that affirms the goodwill third party's trust interests take precedence over the interests of the original owner, and also give full protection to the priority of the original owner relative to the assignee and the malicious third party, taking into account The protection of both parties to the transaction and the transaction.