Real Right Change And Antagonism Question Research Under Registration Resistance System

According to the stipulation of "Property Law", the dualizationpattern of real right change which the registration resists andregistration becomes effective had already formed. The system ofregistration be effective has been the key point in the fundamentalresearch, but, the research regarding registration resistance system isstill obviously insufficient. Especially to the elementary theory in theregistration resistance system, such as the primary meaning of that realproperty change can't resist the third person without registration andits legal constitution, the scope of the third person,as well as theregistration legal effect which people can believe it and acquirewondering results, very little careful and thorough research. But,registration resistance system in our country's utilization has alreadybecome quite universal before a long time, particularly after aircraft,ships as well as shifting of land contracting management right implementregistration resistance system,"Property law" has established theregistration resistance system for the easement as well as the vehicle,the registration resistance system can expand in our country's applicable scope, the related registration resistance's research highlights itsimportance and the pressing day by day. Based on the above consideration,the text attempts to the resistance system to carry on the systematizationto comb,the cascade elaborates its rationale. Standing in the predecessorresearch results, through to each kind of theory and the theory analysis,attempting to propose that own viewpoint, and carries on the analysis itunifying our law concrete provision and the judicial practice in presentsituation, thus manifests the research value and the significance of thisarticle.This article take the legal affect of registration resistance as aclue, take internal relations and external relations of registrationresistance as the way, separately elaborates internal potency and theexterior potency of the real right change under the registrationresistance. The former mainly analyzes what's "the meaning principle",namely the real right change's constitution important document and thereal right change's time, the latter mainly through the potency ofregistration to the third person to analyze.As the internal relations is concerned, this article through to themeaning principle's analysis, in the foundation of critique creditor'srights meaning principles, proposed the real right which meets one'ssatisfaction elementary theory. German system has constructed theproperty law system which the real right and the creditor's rightsdifferentiate. Only the parties true meaning is concerned, the creditor'srights meeting one's satisfaction only indicated that the party hope thereal right change meaning; But the real right meeting one's satisfactionis the realistic occurrence real right change meaning. Therefore, thisarticle take the paid real right change's value as a foundation, inquiresabout that is concerned the party's true meaning, and considers the legalrelationship parity between the grantor and the grantee, proposes the real right meeting one's satisfaction theory. the real right change to meetone's satisfaction is the expression which is the independence ofcreditor's rights to meet one's satisfaction and is the reality immediateoccurrence real right arranges. The real right change to meet one'ssatisfaction is inevitable choice on the basis of real rights and thecreditor's rights binary fission departments. But, this real right changeto meet one's satisfaction is not similar to that of the German law whichmust depend on the fixed form, so long as it can manifest the reality,the immediate shifting real right between the litigants may estimate theexistence real right to meet one's satisfaction. But, this real rightchange to meet one's satisfaction has four kinds of differentmanifestations: First, there are the real right change explicit agreementimmediately between the litigants. This agreement may carries on in thecreditor's rights to meet one's satisfaction, may also after thecreditor's rights to meet one's satisfaction become effective to express.Is only this kind of real right to meet one's satisfaction is only beingconcerned the paties to carry on, also does not have the objectivemanifestation, therefore, does not have any external potency. Second,price assigned. The price is the substantive important document forproperty rights shifting, the grantor to be assigned the price, indicatesthat its property form of value has changed, regarded as he gives up theproperty right automatically. Similar to, the immediate shifting propertyrights' agreement, the price assigned does not have the externalpotency.Third, delivering. Delivering indicate the grantor to gave upthe property rights t through the reality behavior.Although deliveringis not the legal public announcement way, but, delivering has caused theobjective attribute which the third person pays attention to, therefore,this article carry on the key discussion to the potency of delivering andpossessing, also constructs the potency of possessing which can lead the third party to investigate to learn about the situation of the real right.Fourth, registration. The registration not only internally has the realright change potency, also has the resisting force to outward, therefore,the registration has the ultimacy and the absolute quality, is thecompletes' real right change form.In view of real right change's external relation, may also call itthe exterior potency, this article mainly carries on the typologicalanalysis according to the different union shape between real right changeand the registration. First, the real right change already occurred, andthe registration has carried on; Second, the real right change alreadyoccurred, but has not registered; Third, does not having the real rightchange, only the registration. This may be divided into two situations:first, when the creditor's right to meet one's satisfaction is invalid,the cancellation or relieves, not yet rotates the registration; second,wrong registration situation. This article generally calls them the falseregistration. In view of the first situation, according to theregistration resistance theory, the internal potency has the uniformitywith the exterior potency, is the completest real right change shape,which does not permit the third person appears. Therefore, regardless oftheoretically does not have the dispute in the system to be possible tosay. The second situation is the real right change which do not resist,do not resist permits the third person appears. Regarding this, severaltheory questions need to discuss: First, the meaning and legalconstitution of not resistance, namely the third person how to obtain theright from the grantor who has already transferring his own real rightand after the registration but can resist in the first right grantee underthe situation which other people already did obtain the right. Thisarticle through analysis each theory of not resisting, has promulgatedthe significance and the rationale of not resisting, namely who can register, but negligent in the registrant, will withstand some bad benefit,subjectively may turn over to the responsibility take right acquisitionas the foundation, carries on the validity elaboration to its right'ssuccess and failure.Second, scope of no resisting, namely the scope ofthe third person. The scope of third person mainly manifests the objectivescope and the subjective. This article has carried on the evaluation tothe third person of scope's abstract standard, through the concretestandard, in the typological way analysising the legal relationshipbetween the possibility third person and the person who obtains the realright but without registration, according to the resistance relations'primary meaning, namely the resistance relations only refers to competesto the thing control relations, namely the relation "or you eat or othereats", popularly said is,"you die or I die", must chose one fromthe two. But, the registration not only has its effectiveness in theresistance relations, the registration potency also manifests in theright protection and the responsibility absolution two aspects, thisnamely takes the right protection qualifications important document theregistration and the responsibility absolution qualifications importantdocument registration. From this, it is clear that the potency of realright change without the registration as well as the registrationsignificance. In the subjective important document of third person aspect,approves of "the good intentions" in "Property law", but with profitsfrom the good intentions purchaser rule in the UK-US law, in addition theimportant document "has not had the error", and through the constructionfor the potency of possession, has realized the third person of subjectiveimportant document judgment standard objectification. In view of thethird situation, namely the false registration's potency question, thisarticle divides two parts to carry on the discussion, namely rotationregistration and third person of as well as wrong registration and the third person. In view of the false registration, this article advancesthe Relatively Principle of Public Reliance theory.Relatively Principle of Public Reliance theory is another coreviewpoint of this article. This theory's premise is no right to punish,its legal effect is acquisition from person who has no right.It'svalidity foundation is benefit balance between real owner and goodintentions third person, according to the respective behavior whether hascertainly may turn over to the responsibility to judge its benefit successand failure. And through the investigation effect of possession, made thegood intentions to obtain the movable property and good intentions obtainsthe real estate achieving the unprecedented consistency. Namely thevalidity foundation of the real owner's right loses has certainly mayturn over to the responsibility, namely has certain reason strength tothe false right outward appearance's formation. But the right of the goodintentions third person also by no means is "attains without effort",in its subjective important document, not only requests its pure goodintentions, moreover requests it not to have the error, namely to anycauses the right suspicious phenomenon, has certain attention and theinvestigation duty. But the most obvious suspicious phenomenon is theperformance for the price to be whether reasonable, as well as subjectmatter whether to posses for other people. Relatively Principle of PublicReliance theory is best balance point for their benefits between the realowner and the good intentions third person. This article has carried onthe concrete elaboration and the analysis to the theory and its importantdocument.This article advanced the following two elementary theories and a coreviewpoint. Two elementary theories are: The Real Right to Meet One'sSatisfaction Theory and the Relatively Principle of Public RelianceTheory which has the close relation with the potency of possession's construction, so, this article carry on the specification to the effectof the possession; A core viewpoint is that loses or acquisition for rightneeds certain validity foundation, namely subjectively needs certainlyto have may turn over to the responsibility. Therefore, the Real Rightto Meet One's Satisfaction Theory and the Relatively Principle of PublicReliance Theory as well as the effect of possession are three big centersof resistance and the innovation spot of this article. the Real Right toMeet One's Satisfaction indicates litigant's meaning principle, theRelatively Principle of Public Reliance Theory has solved the real rightchange exterior potency problem, and good coordinated the benefit betweenreal owner and the good intentions third person, but its balance pointwas through the effect of possession to realize. The Real Right to MeetOne's Satisfaction, the effect of possession as well as the RelativelyPrinciple of Public Reliance Theory not only constitute the main rationaleof the registration to resist, moreover definitely might be suitable forall real right change, thus realized real right change pattern unitizing,registered the resistance pattern to restructure our country's real rightchange pattern is this article most after all selects and the goal. Basedon the above theories, the text constructed two aspects from the theoryconstruction and the system to propose perfect way to "Property Law".