一、典权概述典权者,谓支付典价,占有他人之不动产,而为使用及收益之权。[1]支付典价者,为典权人;以自己的不动产供典权人占有、使用、收益者,为出典人;作为典权客体的不动产,为典物。广义的典权不限于不动产,也包括动产。民间的典当、典质即是从广义上来理解典权的。狭义的典权其标的仅限于不动产。本文所讨论的典权即指狭义的典权。关于典权的法律性质到底为何,自民国将其正式加入法典以后争论从来没有停止过,说法很多,代表性观点主 First, the Code Overview Code advocate, that the payment of the code, possession of the immovable property of others, but for the use and proceeds of the right. [1] Those who pay the price of the code, as the dianquan; with their own real estate for the canon, possession, use, income, as a typical person; The broad code is not limited to real property, but also includes movable property. Folk pawn, the code is broad interpretation of pawn right. The narrow definition of the right of its subject is limited to real estate. Dianquan discussed in this article refers to the right of the canonical definition. As for the legal nature of dianquan, the argument has never ceased since the Republic of China formally incorporated it into the code of law. There are many arguments that the representative viewpoint