论物权的追及效力

物权的效力是法律赋予物权的强制性作用力,它反映着法律保障物权人能够对标的物进行支配并排除他人干涉的程度和范围。对于追及效力是否作为物权的一独立效力而存在,有赞成者也有反对者。从逻辑和利益权衡的角度考虑,追及效力应作为物权的一种独立效力而存在。在物权法体系中,在无权处分和抵押人擅自转让抵押物等的情况下,除法律规定的情形外,物权的追及效力即发挥出其应有的作用。这也在一定程度上平衡了真实物权人和法律物权人的利益冲突,维护了物的占有和社会交易的安全,促进了社会经济的发展。

A Study On The Trace Effect Of Real Right

The effect of the real right is compulsive function dint that the law gives the real right, it reflects the law guarantee real right the person can carry on the degree and the scope that the domination is alongside of interfering with in addition to the others to the object. Whether the trace effect as be a kind of effect of the real right ,then is also an opinion different, the one who approve also has the opposite. The angle weigh from the logic and benefits consider, make track for and the effect should be a kind of independent effect of the real right but exist. In the real right method system, under the punishment and mortgaging the person turn to let mortgage the thing etc. without authorization, in addition to the situation that the law rule, the real right make track for and effect namely develop the function that it should have. In some way, It maintains the security of occupying and social trade of the thing, has promoted the development of social economy.