物權為民法的第三編,以財產的歸屬為規範內容,其主要處理的問題是:某物屬何人所有、所有權人如何取得其物、如何將物讓與他人、如何為他人之利益在所有物上設定負擔。物權法在現行法律體系中具有關鍵地位,是憲法財產權保障的具體落實。物權法領域中最為核心的區分,當屬所有權與占有、所有權與定限物權的區分。物權法課程即以上述區分作為基礎,分為基本概念、所有權、所有權的保障、所有權的取得與喪失、擔保物權、用益物權、占有等部分。本課程分為上下學期,以課堂講授為主要進行方式,除以現有重要民法物權教科書為主要參考書目外,將蒐集近年來實務上的重要案例於課堂上解說,使修課同學能掌握實務發展之趨勢,培養解答物權法實例問題之能力。Property rights are the third part of the civil law, with the ownership of property as the normative content. The main issues it deals with are: who owns something, how the owner obtains the thing, how to transfer the thing to others, and how to use it for the benefit of others. Place burdens on possessions. Property law plays a key role in the current legal system and is the concrete implementation of the constitutional property rights protection. The most core distinction in the field of property law is undoubtedly the distinction between ownership and possession, ownership and limited property rights. The property law course is based on the above distinction and is divided into basic concepts, ownership, protection of ownership, acquisition and loss of ownership, security rights, usufruct rights, possession, etc. This course is divided into two semesters, with classroom lectures as the main method. In addition to using the existing important civil law property rights textbooks as the main reference books, important practical cases in recent years will be collected and explained in class, so that students who take the course can master the practice. Development trends and cultivate the ability to answer practical questions in property law.
民法物權編所規定者,乃一般物權關係,在物權法定之原則下,物權的種類與內容均屬固定,然為適應社會的需要,各國物權法仍不斷的發展,故本課程即以使同學瞭解我國民法物權編之規定及物權法之趨勢為目的,同時更可作為日後研究土地法等特別法之準備。
What is stipulated in the property rights part of the Civil Law is a general property right relationship. Under the principle of legal property rights, the types and contents of property rights are fixed. However, in order to meet the needs of society, property rights laws in various countries are still developing continuously, so this course is used The purpose is for students to understand the provisions of the property rights chapter of my country's civil law and the trends in property law, and it can also serve as preparation for future studies of special laws such as land law.
王澤鑑,民法物權,2022年。
鄭冠宇,民法物權,2023年。
任課教師整理之講義。
Wang Zejian, Civil Law Property Rights, 2022.
Zheng Guanyu, Civil Law Property Rights, 2023.
Handouts compiled by classroom teachers.
評分項目 Grading Method | 配分比例 Grading percentage | 說明 Description |
---|---|---|
期末考期末考 final exam |
100 |