论文部分内容阅读
在理论上,物权行为一直备受争议,无论在《物权法》颁布前或颁布后,始终存在完全肯定说、完全否定说和部分肯定说。在司法实践中,有判决书采纳了物权行为的概念。对于物权行为的独立性,有肯定者,也有否定者,但以承认独立之物权行为者居多,对于物权行为的无因性未见适用。从解释论入手,结合中国现行法律规定和司法实践,本文认为我国立法承认独立性,且将交付、登记申请解释为物权行为,否认无因性。
In theory, the real rights have always been controversial, no matter in the “Property Law” promulgated or promulgated, there is always fully affirmed that the total denial and part of the affirmative. Judicial practice, the verdict adopted the concept of property rights. For the independence of property rights, there are positive people, there are also negative, but to recognize the majority of those who are independent property rights, no reason for the real right of property has not been applied. Starting from the explanation theory, combined with the current laws and regulations in China and judicial practice, this article considers that our country’s legislation recognizes the independence and interprets the application of delivery and registration as property rights and denies the causelessness.