物权变动模式之选择与交易安全

物权变动模式之争历时已数百年,交易安全在其中扮演着重要角色。但物权变动与交易安全是两个层面的问题,价值取向不完全一致,不应当合并在一起用一个规则来处理。意思主义的物权变动模式使物权变动和交易安全的问题都得到了较好解决,反对者所提出的诘难是不能成立的。

Selection of the Mode of Property Right Alteration and Security of Transaction

The dispute of the mode of property right alteration has been lasting for several hundred years,and security of transaction is regarded as an important influential factor.But property right alteration and security of transaction are two different issues,and their valuations are not completely coincident,so we should not incorporate them and cope with them through a single rule.The mode of property right alteration which bases on the doctrine of autonomy resolves appropriately both problems of property right alteration and security of transaction,and the oppugns of the opponent can not be tenable.