物权行为理论评析

在我国物权法制定过程中 ,学术界对物权行为理论有不同的探讨和认识。其核心是物权变动的原因与结果的关系问题 ,也就是作为物权变动原因的债权行为与物权变动的结果是一个法律事实还是两个法律事实 ,以及作为物权变动根据的法律事实即所谓物权行为是否独立于作为原因行为的债权行为的问题 ,而其争议的根本是我国物权变动的立法模式选择问题。

The theory of fact in the law of real right

During the process of drawing up the law of real right, there is different understanding and probing into the theory of fact in the law of real right in the academic circle. The core is the question of relationship between the cause and result of change in real right. Namely, the act in personam, which is regarded as the cause of change in real right, and the result of change in real right should be looked as whether one legal fact or two legal facts. Another question about this relationship is that whether the legal fact being as the basis of change in real right, namely the so-called act in real right is independent of act in personam which is taken for the act of cause, however, the root controversy is the choosing of enacting method of change in real right in China.