Non-legal Acts Of Real Property Transfer

This article is mainly about the legislations and theories of the real rightstransfer of estate which is not base on the legal action. This kind of real rightstransfer is caused by the legal factors except legal actions. Scholars pay littleattention on this type because it is not the primary type. However, in our sociallife, this kind of real rights transfer happen frequently and cause a lot ofarguments because lack of relative theories. In this article, I make an initiallystudy of this type of real rights transfer of estate in theory.This article contains four parts excluding the preliminary, which elaboratesthe background, precondition and ways to do this research.In part one, I give a common description of this type of real rights transfer.Firstly, I give out the meaning, type, and time of transfer and the reason for it. Theultimate difference between it and the real rights transfer basing on the legalaction is whether the register is considered as the creation condition. As we cansee, this type of real rights transfer often happen when the condition stipulated inthe law is satisfied, and not ask for register. In my opinion, the reason whylegislation is so stipulated is to protect the right of the owner and to avoid a"no-owner" status of the real rights in the transition period of right. Afterchecking the relationship between the real rights transfer model and this kind, thisarticle points out that, the nile between this type and the real rights transfer basingon the legal action under the formalism is quite different, but on the contrary, it isvery similar with the real rights transfer basing on the legal action under theautonomy of will.The second part studies the legal status of the person who gets the real rightswhich is basing on the non-legal actions before getting the register. Even underthe formalism, the real rights ownership is not equal to the register of the realrights. In fact, the person who gets the real rights which is basing on the non-legalactions has already got the right before getting the register. The right between itand the right after the register makes no difference as to the right owner. But tothe third party, we should protect his trust benefit under the credibility andpresumption rules. Part three is also an important part in this article. The country under theformalism usually stipulates in law that the right owner can not dispose his realright before register. This part mainly discusses the meaning of the actions todispose the real fights, the limitation of the law and the results if the ownersdisobey the rule. After analyzing many theories, I draw the reason why the lawsrestrict the owner to dispose the real rights is to combine the roles of the realrights transfer of estate which is base on the legal action and which is not base onthe legal action together. As the disposing of real fights is a legal action, peoplehave to fellow the rules that stated in the law which means the real rights ownershave to register before successfully disposing. According to the law, this rule is asparkplug regulation but not a compelling one, so the disposing will not beaffirmatively invalid if the owner disobeys this rule.In the last part, I make a conclusion of all the contents mentioned.