负担行为与处分行为区分之我见

负担行为与处分行为的概念及其区分理论的涵义、价值、理论基础,应当予以反思:物权契约并不是真正意义上的处分行为,它与处分行为在概念、价值取向上均存在着冲突与矛盾。因此,应当对"臃肿"的负担行为与处分行为区分理论进行"消肿""减压",废弃物权契约这一无用的"盲肠"与"蛇足",从而对负担行为与处分行为区分理论获得正本清源的认识。

Identifying the Differentiation between Act of Liability and Act of Disposition again

By combing and thinking over the concept of act of liability and act of disposition and the concept,value and theoretical foundation of the differentiation between them in the article,contract of jus in rem is not a act of disposition in the light of real meaning,which conflict with the concept and value of act of disposition.As a result,we should "eliminate" and "alleviate" the "swelling" act of liability,and discard the unless "rectum" or "feet of snake" of the contract of jus in rem,and reform radically for the theory of differentiation between act of liability and act of disposition.