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物权法定已经是一个被反复讨论的问题,本文通过前后对比的方式,首先对物权法定之存在理由加以分析,其中自然会涉及其所起的积极作用,其后针对这些立论,提出新时代下物权法定所受到之冲击。随着时代的不断进步,社会对新物权的渴求日趋强烈,面对此种需求,物权法定模式难以做出及时的回应。物权法定之改良已为绝大多数学者所赞同。基于此,本文介绍了三种关于物权法定改良之典型学说理论,并且列举了台湾地区和日本的立法和司法实践,试图达到理论与实践相结合的模式。
Property right statutory is a question that has been discussed repeatedly. This article first analyzes the existence reason of real right statute by way of contrasting before and after, which will naturally involve its active role. Then according to these arguments, The impact suffered. With the continuous improvement of the times, the society’s thirst for new property rights is becoming more and more intense. Facing this kind of demand, the statutory mode of real rights can hardly make a timely response. The improvement of legal rights has been approved by most scholars. Based on this, this paper introduces three typical theories about legal improvement of property rights, and lists the legislative and judicial practices in Taiwan and Japan in an attempt to achieve a combination of theory and practice.