A Study On The Issue Of Registration Of Ownership And The Effect Of Contract In The Sale And Purchase Of Housing

The establishment of a contract is different from its coming entry into force. With respect to real estate sale and purchase contracts, it is not only necessary to meet all the requirements under the law of obligations so as to make it in full force and effect, but also to go through the relevant registration procedures in respect of title change to achieve the effect of transfer of title. The nature of the sale of real estate shall be analyzed under the law of obligations and property law. From the perspective of the law of obligations, it should be analyzed from the establishment and coming into force of the contract, as well as the validity of the contract, and then analyzed in combination with the title registration of sale and purchase of real estate, so as to solve the issue of the relationship between effectiveness of real estate sale and purchase contract and the real estate title p registration.Establishment, change, transfer and elimination of real rights usually require a certain particular way to publicize, i.e. title registration in respect of real estate properties and actual delivery in respect of chattel. The title registration of real estate means the relevant governmental authority records the title ownership of real estate into the relevant register upon the application of title owner. In principle, title registration in respect of real estate is the compulsory way to publicize, to effect the set up, change, transfer and elimination of real rights and further, to form the basis upon which real rights are recognized and protected. There are three academic modes regarding title registration:registration Effectiveness mode, registration Confrontation mode, Torrance registration mode. Registration Effectiveness mode is accepted in Germany and Switzerland, but there are quite a lot of differences in Germany and Switzerland with respect to such mode. Germany has its unique theoretical system of property behavior theory, while Switzerland adopts creditor formalism and denies property rights behavior theory, pursuant to which, it is the compulsory and necessary legal formalities to register the title change instead of the consensus of individuals. The general theory of the PRC is more in line with the mode of the Swiss claims formalism effectiveness of registration. With respect to sale and purchase of real properties, entry into the relevant contracts constitutes the reason for title change, which leads to the result of titl change. In addition, the real estate registration reflects different functions in different legal relations, which is analyzed in this paper from the perspectives of debt law, administrative law and property law.Finally, various cases reflecting the conflicts between the effect of real estate sale and purchase contracts and real estate title registration (as well as court cases) are analyzed further in details in this paper from the perspectives of law of obligations and property law in light of the existing domestic legislations.