无权处分所涉第三人利益的物权保护

无权处分涉及到原所有权人、无权处分人以及第三人的三方法律关系,特别是在原所有权人与第三人的利益之间,法律应该站在哪一边,如何协调他们的矛盾与冲突,是法律应予以关注的焦点.善意取得制度在理论上存在矛盾,在审判实践中常陷于两难困惑.在对因无权处分所涉及的第三人进行保护之时,我国物权立法宜采用以物权行为无因性原则为基础以善意取得原则为补充的立法模式.

Property Protection on Which Having No Right to Punish Involves the Third Person's Benifits

Having no right to punish involves the legal relationship among the original property rights person,the person who has no right to punish and the third person.The focal point that the law should give special attention to lies in that when dealing with the interest between the original property person and the third party,which side the law should stand in and how to balance the contradiction and confliction between the two sides.The system of innocent purchase itself is theoretically contradictory,which always pushes the judicial practice into a dilemma.When carrying on the protection to the third party involved in unauthorized disposition,our real right legislates should apply the legislative pattern which takes the principle of property without cause as the foundation and the principle of innocent purchase as a supplement.