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可以说物权行为理论既是一个古老的理论,又可以说这是一个时尚的理论。说它古老是因为这个理论源于近两百年前,而它新潮的一面则可以从我国的《物权法》体现出来。物权行为理论产生于德国,因而德国是采纳该理论的典型代表,该理论也充分发挥其理论和实践价值,但我国《物权法》是否采纳了物权行为理论实际上是存在很大的争论的,主张该物权行为理论的学者抓住我国订立民法典的机会,力求为该理论挣得一席之地。
It can be said that both the theory of real rights and behavior is an ancient theory, it can be said that this is a fashionable theory. It is ancient because the theory originated nearly two hundred years ago, and its trendy side can be reflected in our “Real Right Law.” Since the theory of real right behavior was born in Germany, Germany is the typical representative of this theory. The theory also gives full play to its theoretical and practical value. However, whether or not the Real Right Law of China adopts the theory of real right behavior is in fact a big controversy , Scholars advocating the theory of real rights and behavior seize the opportunity of our country to enter into the Civil Code and strive to earn a place for the theory.