摘要
"物权变动说"、"物权状态与变动说"、"物权状态说"各有其合理性。物权公示对象的不同观点与物权变动的学说及其立法是有着极大的关联的。物权公示是与物权变动密不可分的,就主流情形而言,物权公示基本就是变动公示。但是,我们决不能完全否定物权享有的公示现实。不过,物权的享有也有一个起始点,而这个起始点,即是某个物权变动的结果。从总体上着眼,"物权变动说"应当更为科学可信。
The theories of ownership transfer, the state of ownership and transfer and the state of ownership have their respective reasonable values. The various views on the target of ownership publicity are greatly related to the theory of ownership transfer and its legislation. Ownership publicity and transfer are closely related to each other since ownership publicity mainly refers to the publicity of ownership transfer. However, we mustn't completely negate the reality of publicity attached to ownership. Nonetheless, the right to ownership also has a starting point, which is exactly the result of a certain ownership transfer. On the whole, the theory of ownership transfer could be seen as more scientific and reliable.
出处
《长沙理工大学学报（社会科学版）》
2004年第3期32-35,共4页
Journal of Changsha University of Science and Technology：Social Science
基金
教育部人文社会科学研究项目"物权公示制度研究"(批准号02JD820002)的中期研究成果之一。
关键词
物权公示对象
物权变动
物权状态
立法模式
科学主义观念
wnership publicity
transfer of ownership
state of ownership and transfer
state of ownership
