物权变动与其原因行为的区分原则

物权法草案建议稿第七条规定的“物权变动与其原因行为的区分原则”与德国法上的“分离原则”有着本质的区别。区分原则的内容实际上是合同成立生效、违约责任及物权法公示原则内容的体现。故“物权变动与其原因行为的区分原则”不宜作为我国物权法的一项基本原则

A Discussion on the Principle of Distinction between the Change of Property Rights and Its Causal Acts

The principle of distinction between the cause of change of property rights and action of change of property rights, which was proposed in Article 7 of the law of real rights , is not identical with the Distinction Principle in German Law, by which the change of jus in res is separated from its casual act in the law. They differ greatly in nature. The principle of distinction actually has little connection with the act of property right in theory, but mainly focuses on the contract effect, contract liability and the publicity principle. In other words, the principle of distinction should not be observed as the essential principle for the law of real right in China.