新颁布的《物权法》第5条明确地给物权法定主义下了个定义,即“物权的种类和内容,由法律规定。”物权法定主义非现代人所首创,早在罗马法中即存在这一原则。物权法定原则有其起源与演变的历史过程,也有其存在的理论基础及现实意义,曾经并正在发挥着巨大的作用,也面临着众多的质疑与挑战。 Article 5 of the newly promulgated “Property Law” explicitly defines the legal doctrine of real right, that is, “the type and content of the real right are prescribed by law.” "Legal doctrine of property rights was first initiated by non- That is, there is this principle. The legal principle of the real right has its historical process of its origin and evolution, as well as the theoretical basis and practical significance of its existence. It has played and is playing an enormous role and facing many challenges and challenges.