物权行为理论探源--以罗马法为中心

我国当前的物权立法是否应采纳德国的物权行为理论 ,早已成为备受关注的问题。以罗马法为中心 ,对物权行为理论进行溯源。认为物权行为理论是萨维尼对古典罗马法所有权让与过程中的形式要素所蕴涵的本来意义产生误解而创立的 ,因此 ,我国物权法对物权行为理论的借鉴应采取慎重的态度

Tracing the Origins of Theories on Property Interest Action— Back to the history of the Rome law system

It has already come to a hot issue whether the legislation of current property interest in China should adopt the theories of Germany property interest action. This article, tracing the origins of the theories on the basis of the history of the Rome law system, holds that the theories of property interest action were founded because of Savignlg's misunderstandings of the true meaning connoted in the form factors during the transfer of ownership stipulated in classical Rome law system. Therefore, we should maintain a prudent attitude to use the theories for reference.