网络时代物权原则的确立

互联网络基于其自身的特殊性,已经对物权法制产生了许多重要影响,其中,尤为突出的是它动摇了物权法定原则存在的合理性基础,使意思自治能够全面在物权法领域得以贯彻.然而关于网络对物权法乃至民法的影响,基本上没有引起学者的注意.因此,在我国目前正在准备起草制定物权法和民法典时,深入研究互联网络对物权法和民法的影响,不仅对丰富和发展物权法和民法理论具有重要意义,而且也对物权法和民法典的制定具有重要的现实意义.

The Establishment of the Principle of Right in Rem in the Network Age

Due to its unique feature of high efficiency, th e Internet has broug ht about many impacts to the legal system of right in rem, one of which is that it questions the rationality of the existence of the principle of statutory righ ts in rem so as to fully implement autonomy of will in the field of Jus Rerem, o r Law of Things. Up till now, however, scholars have paid little attention to th e impact of the network to legislation in Jus Rerem or even in civil law. Theref ore, a further study of the impact of Internet to Jus Rerem and civil law is not only of great significance to the enrichment and development of the theory in J us Rerem and civil law, but also of practical and great use to the making of Jus Rerem and civil code.