摘要
所有权的取得方式有原始取得和继受取得之分。而原始取得阻却了新所有权与原所有权的系,原所有权上所存之负担不能延续及新所有权。虽然某些原始取得的形式是法律特别规定的,以准新所有权人的权源,但当在原所有权上设有抵押权时,如果一概适用一般理论未免有不公平之嫌,因需要对原有规则进行修正,以求法律之公正和缜密。
The ownership is gained in two ways: originated or inherited. If it is originated, the relationship between the pre-owner and present owner is cut off and the burden from the previous stage doesn't go to the present owner. Though some of the originated ownership is gained in terms of law and thus endowed with source of rights. But when the pre-ownership has a hypothec, the general rule of fits seems unfair. Therefore, it is necessary to make some amendments to present regulations in order to make the law justified and meticulous.
出处
《重庆邮电学院学报（社会科学版）》
2005年第1期81-83,共3页
Journal of Chongqing University of Posts and Telecommunications
