对民法"物"的再认识

以罗马法、法国法为代表的采广义“物”的概念和以德国法、日本法为代表的采“物必有体”的看法各有利弊。随着现代社会的发展 ,“物”的概念已呈明显的扩张趋势。因而现代民法上的物应采广义之概念而物权法上的“物”特别是所有权应以有体物为原则 ,无体物为例外

Recognizing the Defmition of "Object" in Civil Laws

The author, analyzing the definitions of "object" in the laws of Rome, France, Germany, Japan, and its explanation in the region of Taiwan, concludes that the definitions concerning "object", its broad sense represented by Rome laws and French laws and the sense of "matter must be embodied by object" prevailing in laws of Germany and Japan, have their advantages as well as disadvantages. Especially with the social development, the definitions of "object" show an obvious trend of extension. Thus the author advocates that the broad sense of "object" should be adopted to the civil laws, while the principle of tangible objects to standardizing "object" in the laws on real right, particularly in the aspects of ownership, intangible object should be regarded as an exception.