物权公示二元主义立法论

在物权公示的二元主义立法,公示对抗主义存在难以克服的理论逻辑矛盾,并导致了法律适用上的巨大困难。相对于公示对抗主义,公示要件主义向当事人提供了更为充分的公示激励,具有更为完整的公示效果。但公示要件主义也应适当吸取公示对抗主义之所长,以使自身的功能优化。

On the Two Legislative Modes about the Publication of Property

According to the two legislative modes about the publication of property, there is much logical contradiction in the theory about the defeating mode of publication, which is difficult to be overcome, resulting in great obstructionism in the application of law. Compared with the defeating mode of publication, the creation mode of publication provides the persons concerned with more sufficient inspirations of the publication. However, the creation mode of publication should moderately adopt the strong points in the defeating mode of publication in order to better the functions of its own.