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近年来,关于物权法的讨论在我国民法界从未停止过,成为众多热门话题之一,物权行为理论、物的种类、物权变动模式等问题是其中的焦点。而物权变动模式的选择又是焦点中的焦点,在这选择的过程中必然涉及到一系列的难点和理论困难,如我国是否完全承认物权行为的独立性和无因性,登记和交付是物权变动的对抗要件还是成立要件等等。本文主要从物权行为变动模式来阐述我国物权立法该如何选择。
In recent years, the discussion of the Property Law has never stopped in the civil law circles of our country and has become one of the most popular topics. The issues such as the theory of property rights, the types of things and the modes of change of real rights are the focuses of the discussion. However, the choice of the mode of change of real right is the focus of the focus. In this process of selection, a series of difficulties and theoretical difficulties are inevitably involved. For example, is China completely recognizing the independence and non-cause of property rights, registration and delivery Is the confrontation elements of change or the establishment of elements and so on. This article mainly expounds how to choose the real right legislation in our country from the change pattern of real right behavior.