导致物权变动之法院判决类型
房绍坤导致物权变动之法院判决类型
Types of Court Decisions That Cause Property Variation
期刊名称：《法学研究》
期刊年份：
作者：房绍坤
单位：烟台大学法学院
中文关键词：物权变动;法院判决;民事判决;形成判决
英文关键词：property variation;court judgment;civil judgment;civil judgments modifying an existing civil legal relationship between parties
中文摘要：
法院判决可以直接导致物权变动,而无须物权变动的公示.导致物权变动的法院判决包括民事判决和刑事判决,但主要是民事判决,且限于诉讼判决中的形成判决.在形成判决中,只有具有对世效力且包含物权变动内容的形成判决才能导致物权变动,具体包括分割共有物的判决、撤销合同的判决和撤销债务人损害债权行为的判决等.
英文摘要：
A court decision can directly lead to property variation, which does not take real estate registration or delivery of movables as necessary conditions of validity. As far as the nature of judicial decision is concerned, those leading to property variation are primarily civil judgments, and all are litigation judgments. Administrative judgments cannot cause property variation because they are judgments on the legality and appropriateness of a specific administrative act. Criminal judgments can lead to property variation because the state ownership of property resulting from confiscation of private property is not based on legal acts. As far as the effect of court judgments is concerned, civil judgments ordering party to undertake civil obligations does not lead to property variation because it does not change the existing legal relationship, but only requires a party to fulfill the existing obligations. A declaratory judgment does not lead to property variation either because it only determines the existence or non-existence of a civil legal relationship, rather than changes the ownership of property. Civil judgments modifying an existing civil legal relationship between parties can directly cause property variation, even if its content cannot and needs not be executed. Among such judgments, only those which have absolute effect and contain the content of property variation can lead to variation of property.
全文阅读： 点击下载
