题目详情

论述物权法定原则。

正确答案及解析

正确答案
解析

(1)概念:物权法定原则,是指物权的种类和内容均须由法律加以明确规定,不允许当事人任意创设与法律不同的物权种类或协议改变物权的内容。 (2)意义:为了避免由于认识不一带来的混乱,由法律统一地明确规定物权的种类、内容,成为保障经济秩序、保证民事主体交易安全的基本要求。

(3)物权法定原则的要求具体表现在:物权的种类法定,即不得创设我国法律未规定的新种类的物权;物权的内容法定,即不得创设与法律规定的内容不同的物权或变更物权的法定内容;物权效力法定,即当事人不得通过协议为物权设定不同于法律规定的效力。

物权法定原则为强行性规定,非依《物权法》或其他法律规定的物权种类和内容而创设的“物权”,不被认可为物权,不具有物权效力。

【解析】本题属于理论综合论述题,考核的知识点是物权法定原则。

【评注】应准确理解和掌握物权法定原则的概念及其要求,特别是对物权法定原则强行性的理解。

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