论文部分内容阅读
典权制度是我国特有的不动产物权制度。在发展过程中,典权长期作为民间习惯法制度广泛流传、沿用。直到中华民国民法的颁布施行,传统典权制度终于完成了向近代典权的历史演变。然而,新中国成立以后,典权在我国大陆再次沦为习惯法制度。新颁布的物权法依然没有对其予以规定。而作为与典权极相似的传贳权制度,却在韩国表现出强大的生命力。传贳权制度在韩国的发展和广泛运用,足以说明典权这一传统制度在当今中国社会仍具有运用价值和功效。
Dianquan system is unique to China’s real estate property system. In the process of development, the power of patriarchs has been widely circulated and used as a system of folk customary law for a long time. Until the promulgation and implementation of the civil law of the Republic of China, the traditional canon system finally completed the historical evolution to the modern canon. However, after the founding of New China, the code became once again reduced to customary law in mainland China. The newly enacted property law still does not provide for it. However, as a very similar transfer system, it shows great vitality in Korea. The development and extensive application of the system of transfer of powers in South Korea is sufficient to show that the traditional system of canon is still valuable and effective in today ’s Chinese society.