论文部分内容阅读
物权行为和物权公示均为物权法上十分重要的范畴,它们关系十分密切,但仍属不同的法律事实:体现于动产物权,是交付与占有的区分;体现于不动产,是动态登记与静态登记的区分。对这二者的含义和界限有个清晰的认识,是研究相关理论、着手相关立法需要做好的基础工作,而目前相关的理论对这两者多未加区分或模糊处理。本文对这二者进行了概念辨析,综合比较了二者各方面的具体差异,最后通过着重分析公信力之法律效果所要求的法律事实论证了区分这二者的必要性。
Property rights and publicity are all very important categories of property law, they are closely related, but still a different legal fact: embodied in the property rights of movable property, is the distinction between delivery and possession; reflected in the real estate, dynamic registration and Static registration of the distinction. There is a clear understanding of the meaning and boundaries between the two, which are the basic work that needs to be done to study relevant theories and proceed with the relevant legislation. However, the current relevant theories do not distinguish between them or blur them. This article carries on the conceptual analysis of the two, comprehensively compares the concrete differences between the two aspects, and finally analyzes the necessity of distinguishing the two by analyzing the legal facts required by the legal effect of credibility.