物权法定主义原则被普遍认为是物权法的一项基本原则,它具有一定的历史必然性,发挥了积极的作用。随着社会的进步,其保守性及僵化性日益凸显。同时该原则违背了马克思主义哲学的基本原理,有悖于意思自治这一私法基本理念,物权法定的弱化已成为国际物权法的发展方向,我国应承认这一现象。 The principle of real right legal doctrine is generally considered to be a basic principle of property law, which has certain historical inevitability and played an active role. With the progress of society, its conservation and inflexibility have become increasingly prominent. At the same time, this principle runs counter to the basic principle of Marxist philosophy and runs counter to the basic idea of ​​self-government of meaning. The weakening of the statutory right of property has become the development direction of international property law. Our country should recognize this phenomenon.