【摘 要】
：
物权行为是德国法的创造,即以设立、变更、消灭物权为目的的行为。我国法律理论中的民事法律行为与德国的法律行为的内涵相去甚远。由于长期以来理论和实务界对物权行为和债
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物权行为是德国法的创造,即以设立、变更、消灭物权为目的的行为。我国法律理论中的民事法律行为与德国的法律行为的内涵相去甚远。由于长期以来理论和实务界对物权行为和债权行为内涵外延的含混,导致我国法律体系中许多不合理的条文长期存在。《物权法》的实施对上述内容有了部分修正,再次检讨此问题,希望能明确在此问题上与《物权法》相冲突的一些法律条文,以期对我国的司法实践有所裨益。
Property rights is the creation of German law, that is, to establish, change, eliminate property for the purpose of the act. The civil legal acts in China’s legal theory are far from the connotation of German legal acts. Due to the long history of the theory and practice of property rights and debt behavior connotation of the extension of the ambiguity, leading to many of the unreasonable provisions of our legal system long-term existence. The implementation of “Property Law” has partially revised the above content, and once again reviewed the issue, hoping to clarify some legal provisions in conflict with the “Property Law” in this issue, with a view to the benefit of our judicial practice.
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