物权公示方式研究

物权公示方式不外乎占有或者交付、登记、标示三种类型。占有或者交付是物权公示方式的最直观最古老的形态,标示是变态的占有,登记则属于发展了的标示。背书不是独立的物权公示方式。由于登记方式加入了公共权力的因素,其公示力应当最强,标示次之,占有最弱。选择物权公示方式,除物的本身自然属性之外,至少还应当考量以下三个因素:其一,物权客体本身的特性,即作为物权客体是物还是所有权之外的财产权利;其二,物的价值大小以及国家对价值大的财产通过登记进行管理的需要;其三,其他方面的经济要求。权利物权的公示方式与动产物权、不动产物权都不一样,其公示方式呈现出多元化的趋势。非移转占有型动产让与担保最合适的公示方式还是登记与标示相结合的方式。

A Research on the Public Notice Methods in Property Law

Show the way to nothing more than occupies or consignment, register, label three kinds commonly in real right. Occupy or consignment to be common to show to directly perceived through the senses the most ancient form most way real right, It is the abnormal occupying to label, register and belong to the labelling of development . It is not that an independent real right shows the way commonly to endorse. Because register the factor of joining public power of the way, it should be strongest that its shows strength commonly, label and take second place, it is weakest to occupy. It chooses real right not to be common to show way besides one's own natural attribute of the thing, consider following three a piece of factors: First, one' s own characteristic, namely regarded as the object of real right to be a property right of a thing or ownership; Second, the size of value and country of the thing are through registering the need of carrying on management to the property with large value; Third, the economy of other respects is required. It are all different that real right of the right shows the way, movable property real right, real right of the real estate commonly , Its shows the trend that the way demonstrates the pluralism commonly. Must transfer the movable property of occupying type and let and assure most suitable showing the way commonly and register and label the way to combine together.