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我国物权法理论主要是以所有权为中心展开对物权变动的讨论,而忽视了他物权设定的特殊性。他物权的设定与所有权的移转存在着诸多区别,原则上他物权应通过物权设定的合同加公示方法才能设定。不动产他物权设定的模式一般应采取登记要件主义。
The theory of real right law in our country mainly discusses the change of real right with the ownership as the center, ignoring the particularity of his property right setting. There are many differences between the setting of his real right and the transfer of ownership. In principle, his real right should be set through contract and publicity method set by real right. The realm of his real right to set the model should generally take the registration requirements doctrine.