On The Protection Of Property Of Real Buyer In A Dual Buying-and-selling By Means Of Deceptive Mortgage Loan

In our country,the changes of in rem of real estate is not legally effective unless having reached an consensus on creditor's right and the r finished the registration. There is time lapse between the buyer having signed the commodity housing buying-selling contract and the registration of the ownership of the commodity housing.The real estate sector is a fresh sector in China,relevant laws are lags behind the rapid development of the sector,moreover,it the nature of the economic man to chase more profit,some real-estate developers sell a housing twice,or even more times regardless of the credit,which does harm to the buyers frequently.In practice,the dual buying-and-sellings of commodity housing have many ways of showing its face,among them is a kind of special dual selling of commodity housing, which is commonly called a dual deceptive mortgage loans and is fairly universal. The so called dual deceptive mortgage loans is a kind of Mortgage loans,during which the real-estate developer colluding with others by meaning of a housing selling twice signing housing buying-and-selling contract,and using this contract to transact mortgage loans so as to cash out from the banks,during the course of events,the so called buyer is not the real one who obtains the property of the housing.After having finished the deceptive mortgage loan.the real-estate developer sells the housing to a third party and receives funds again.The dual deceptive mortgage loans lead to conflicts of expectant right of the ownership between the two buyers,and conflict between the latter buyer's(the real buyer's ) expectant right of the ownership and the banks' rights in rem granted by way of secnrity.moreover,the latter conflict does more practical harm.With the development of the relevant laws gradually,property development and selling is more and more regular and ordering,the practices of a housing selling twice are becoming rare.but the practices don't cease altogether. meanwhile,the contlicts between profit led by the deceptive mortgage loans is the problem that must be solved immediatelyReal Right Law of the People's Republic of China which entered into force on October 1st,2007,stipulated the Dissidence registration system the first time.Article 19 of the law reads 'In case any right holder or interested party holds that there is anything wrong in any item recorded in the realty register,it/he may apply for a correction of the registration.The registration organ shall revise the registration accordingly,in case the holder recorded in the realty register agrees to revise the registration in written form or there is evidence to prove that the registration is wrong. The interested party may apply for dissidence registration,in case the holder recorded in the realty register does not agree to the alteration.' This provision of the Real Right Law endows the real Obligee,interested party the right to put forward correction petition as to the registration,and to correct the wrong registration and to protect his own legal interests.This dissertation tries to research the protection of the ownership of the real buyers' during the dual buying-and-sellings of commodity-housing under the veil of mortgage loan from the visual angle of the Dissidence registration system.The principal research method of this dissertation is to analysis and generalize after reading,collating of data and cases analysis so as to come to my owner conclusion.The conclusion of this dissertation is that the real buyers may by means of Dissidence registration system Overrule the right to mortgage which is registered,so as to clean obstacles which obstruct the buyers obtaining the ownership.