论物权法和债权法的关系及对我国物权立法的启示

物权法和债权法的分立起源于罗马法.二者的分立是大陆法系民法理论分析和法典构架的基石.但近现代以来,物权法和债权法出现了融合,尤其表现为物权的债权化和债权的物权化.我国物权立法的定位和制度设计应在坚持物权法和债权法分立、物权与债权区分的前提下,针对二者融合的趋势作出立法上的调整.

On the Relation Between Law of Material Right and Law of Obligation and its Enlightenment to the Construction of Law of Material Right in our Country

The partition of law of material right and law of obligation originated from Roman Law. The partition of the two is the theoretic analysis of the civil law and the foundation of the frame of the code of the continent law system. However, as the time goes on, the two get compromised, i. e. they show themselves as turning each other. The positioning and system design of our country's legislation of law of material right should make proper adjustment against the compromising trend of the two on the promise of adhering to the partition as well as the difference of law of material right and law of obligation.