论民国初期“物权契约理论”的发展——以大理院判例中不动产物权变动模式为例

清末时期,法制变革,西方民法学理论被引入并逐步传播开来。至民国初期,民事法律继续沿用前清现行律中的民事有效部分。接受过西方民法学理论教育的大理院推事们在民事审判实践中,运用大陆法系的物权理论审理物权变动案件形成了很多经典判例。这些判例在内容上客观地展现了物权变动模式在民国初期的发展趋向,在一定程度上反映了物权契约理论的发展历程。

Study on Development of the "Theory on Contract of Real Property Rights"during the Early Republic of China——Case study on Transfer Model of Real Property Rights in Cases of Da Li Yuan

During the law reform in late Qing Dynasty,western civil law theories had been gradually introduced and spread. During the early Republic of China,the effective part in the contemporary civil laws in early Qing had still been applied. Judges in the Da Li Yuan (courtroom),who had been educated by western civil law theories,learned to apply jurisprudence of real property rights in Civil Law System to decide cases of real property rights transfer in practice. Such cases have objectively shown the progress of r...