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物权行为理论就是以物权变动模式作为其主要内容的一个民法论题。自19世纪初萨维尼提出这一理论构想之后,国内外的学者对其进行了持续而深入的探讨,因此,将其称为民法学的核心论题绝对是名符其实。我国《物权法》已经颁布实施了近六年,但对这一理论的争论仍然不绝于耳,本文在对物权行为理论适当梳理的基础上分析了其存在的必要机能及意义,并认为该理论应被我国未来制定的民法典的所采纳。
The theory of real right behavior is a civil law topic whose main content is the mode of real right change. Since Savigny put forward this theoretical idea in the early 19th century, domestic and foreign scholars have conducted a continuous and in-depth discussion on it. Therefore, it is absolutely true to call it the core issue of civil law. The Property Law of our country has been promulgated and implemented for nearly six years, but the debate on this theory is still endless. Based on the proper combing of the theory of real rights and behavior, this paper analyzes the necessary functions and significance of its existence, and believes that the theory should be Adopted by China’s civil code in the future.