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物权法是通过调整人对物的支配关系的一类法律规范的总称,物权法的法定价值原则,就是指物权的种类与类型由法律规定,其内容不容更改,同时也不因为当事人而自由创设。我国《物权法》第5条的规定承认了物权法定主义。其发展自罗马法发扬之后,又经在日本、韩国等东亚国家不断地发展,基本上都承认了物权法定的主义原则。本文通过对物权法定主义进行介绍与分析,对物权法定主义在现阶段的适用问题进行简要的讲解,并提出自己的分析意见,以对物权法定主义在现实中的适用进行思考。
Property law is a general term for a group of legal norms that regulate the relationship between people and things. The principle of legal value of property law means that the types and types of property rights are regulated by law and their content can not be changed, nor should they be freely created by the parties concerned. China’s “Real Right Act,” the provisions of Article 5 recognized the legal doctrine of property rights. Its development since the development of the Roman law, but also in Japan, South Korea and other East Asian countries continue to develop, basically have recognized the legal principle of property rights. By introducing and analyzing the legal doctrine of real right, this article briefly explains the application of legal doctrine of real right at the present stage, and puts forward my own analysis opinions to reflect on the application of legal doctrine of real right in reality.