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祖传物品这一具有人格象征意义的财产一旦受侵害而致毁损灭失,将给其家人和占有人带来物质损害的同时,还具有精神损害的特性,但我国民事立法对这类财产缺乏系统的关注,所以保护力度不够。借鉴我国法学界学者冷传莉女士从一个全新的视角创建性地提出“人格物”的概念,将祖传物品上升为一种新型的独立物权加以保护,这对于完善我国的物权立法和指导司法实践具有重大意义。
Once the property of the ancestral object, which has symbolic significance, is destroyed and destroyed, it will bring material damage to its family members and occupants as well as spiritual damage. However, the civil legislation of our country lacks the systematic Concerned, so the protection is not enough. Drawing on the experience of Ms. Leng Chuanli, a scholar in the jurisprudence of our country, this article proposes the concept of “personality object” creatively from a brand new perspective and elevates her ancestral objects to a new type of independent property rights to be protected. This is of great significance to the improvement of our property law And guiding judicial practice of great significance.