Research On The Protection Of The Interests Of Third In Real Right Transfer

Real estate is an important component of national wealth, and also one of the main forms of citizens'property. Hence, regulation on its transaction order represents a nation's economy market development status. Since the reform and opening-up, China has obtained rapid development in market economy, with market institutions of all kinds greatly improved, including the market system in real estate circulation. It is admirable that China has preliminarily established its real estate transaction system since the issuance of Real Right Law of the People's Republic of China. The implementation of Real Right Law of PRC, however, doesn't indicate that the real estate circulation system has been perfected in China; on the contrary, there exists various problems, especially concerning the protection on the benefit of third party during transaction. Therefore, this thesis seeks to clarify certain theoretical issues in third party protection, including identification of third party, effect of registration, relation between juristic act of right in rem and juristic act of right in personam, and manages to make better interpretation of some concepts in Real Right Law of PRC, Contract Law of PRC and other relevant laws from the aspect of interpretivisim, so as to improve the third party protection mechanism. This thesis is divided into five chapters, other than Introduction and Conclusion.Chapter One starts from a case decision of Changning District Court of Shanghai, and finds in it various problems concerning real estate transaction, which are further classified into key problems as to third party's benefit protection in real right conveyance. Then this chapter briefly introduces some theoretical and practical problems existing in thirty party protection of real right conveyance, and analyzes and finds that all these problems are derived from some unsolved issues, which are identification of thirty party, registration system, relation between juristic act of right in rem and juristic act of right in personam.Chapter Two discusses in detail the identification of thirty party, consisting of significance of study, third party under confrontation mode, third party under public summon condition mode, and third party under Chinese mode.Chapter Three relates and analyzes registration system, consisting of significance of study, different classification of registration systems, registration effect under immovable real right conveyance mode, and registration system under the current Chinese mode.Chapter Four is focused on juristic act of right in rem and juristic act of right in personam, covering significance of study, varied relation between the two under public summon confrontation mode, under public summon condition mode, and under the current Chinese mode.Chapter Five is devoted to the improvement of third party's benefit protection in real right conveyance, comprising suggestion on how to improve real right conveyance mode and registration system of China, which mainly involve reanalysis of legal relation in transaction, recognition of registration effect, legal remedy on registration mistakes, and coordination of registration effect and right affirmation effect.