论支配利益的多样性与物权法定主义之协调--以罗马法役权制度为角度

在罗马法上,当役权从所有权中分离出来,而具有了他物权的性质的时候,物权法定主义便随之确立.由此,物之支配利益的多样性与物权法定主义之间的矛盾就产生了.为了协调社会需求与法律需要之问的矛盾,罗马法向我们展现了诸如详尽细化、适度抽象等一系列物权法定主义的役权法律技术.这些法律技术促成了罗马法役权基础上用益物权体系的建立,为近代大陆法系民法所借鉴,并对我国物权立法具有启迪意义.

Harmony of the Contradiction between Multiplex Interests of Domination to Things and Principle of Real Right Legality--From the point of view of servitude legal system in the Roman Law

At the Roman Law, when servitude separated from ownership, the principle of real right legality was set up consequently. Since then, the contradiction between multiplex interests of domination to things and the above principle was arose. For the sake of harmonizing the contradiction between social demand and legal requirement, the Roman Law adopted a series of legal technology, such as elaborate classification and moderate abstract, which promoted foundation of usufructuary right system that was based on servitude, and was used for reference by neoteric civil code. Today, the legal technology the Roman Law has adopted enlightens on enacting Chinese real right code.