物权变动过程的重构

本文从法律体系的逻辑严密性和现实的价值判断的双重目标出发,重新构造了物权变动的模式。认为物权变动过程是一个有机的过程,除承认区分原则外,还要承认物权合意的客观存在,物权合意以债权行为为基础,切充斥于整个物权变动过程。又从微观的角度以无权处分、所有权保留、不当得利为视角,分析了新型物权变动模式的价值判断。

Reconstruction of Real - right Changing Process

This paper reconstructs a pattern of real-right changing process,with departure from the dual goals of a logically strict legal system and value judgment in reality.The author maintains that the real-right changing process is an organic one.That is to say,in addition to the distinction principle,the objective existence of real-right consensus is entitled to gain recognition as well.Real-right consensus takes credit act as its basis,and it functions all the way through the real-right changing process.Moreover,from a micro-perspective of unauthorized dispesition,retention of ownership,and ill-gotten gains,it analyzes the value judgment in the new-type pattern of real-right change.