传统一物一权原则的坚持与发展

传统一物一权原则在物权法中的地位存有争议。传统一物一权原则有其特定涵义,因其内含物权的基本功能价值和反映物权的基本属性与商品经济的要求,应予坚持。传统一物一权原则为罗马法时代的产物,主要适用于有体物和所有权,已滞后于社会现实,因应社会发展变迁,其内涵应有所发展,即＂一物＂包括＂客观一物＂和＂观念一物＂并囊括有体物和部分无体物,＂一权＂包括所有权和他物权等。

Persistment and Development of Principle of One Property One Right

The principle of one property one right is controversy in property law. The principle has its meanings. The principle should be held because it reflects the basic function and character of the property right and demand of the economy. The principle of one property one right is produced in Roman law, which is mainly adapted to concret things and ownership. With the development of society, one property should include tangible things and some intangible things, and one right should include ownership and other property rights.