论文部分内容阅读
对他人之物的权利的概念。用益物权、其基本历史类型与现代状况。抵押权、其一般历史演进与现代抵押体系的基本原则。单一的所有权的使用似乎只可以满足最不发达的经济生活。在个人所有权法中构建的制度,似乎就是将此种经营与他种经营完全隔离的制度。然而这种完全的隔离甚至在自然经济中也是不可思议的。在通过分割公社的、宗族的或家庭的财产形成私人经济的时刻已经可以经常地发现,一种经营只有在用他人的资源作为补充的条件下才可以存在,如在继承人之间分割遗产时,可以发现,该分割要想合理地实现,只能在一个继承人所分得的地块取得了在分给另一个继承人的地块中的通行权或者取水权时才可实现。经营条件的进一步发展,建筑密度的加强,对信贷需求的产生等因素,都越来越坚定地提出了建立某种法律形式,以保障一
The concept of right of others. Usufructuary right, its basic historical type and modern situation. Mortgage, its general historical evolution and the basic principles of the modern mortgage system. The use of a single ownership seems to satisfy only the least developed economically. The system built in the law of personal property appears to be a system that completely isolates such operations from others. However, this complete isolation is unimaginable even in the natural economy. It has often been found at the time of the formation of the private economy through the partition of communes, clan or family property that a business can exist only if it is supplemented by the resources of others, such as the division of inheritance between heirs, It can be found that if this division is to be made reasonably achievable, it can only be achieved if the land acquired by one heir acquires the right of passage or water abstraction in the parcel assigned to another heir. The further development of operating conditions, the enhancement of building density and the emergence of credit demand have all the more and more steadfastly proposed the establishment of a certain form of law to safeguard one