On Of Real Property Transfer Mode

The article is aid to the pattern of the property right alteration of real estate in property right law. It focuses on the comparison of the patterns of the property right alteration of real estate that are established by legislations in different countries, analyses the certain concepts and systems. The article not only comments on the current pattern based on"The Property Law"of China which has been issued recently, but also bring out countermeasures for the problems by carrying out such legal rules.The pattern of the property right alteration was a question that must be determined during the formulation of"The Property Law"of China, though it also contained much dispute. The academic views on it still couldn't be united even after the law was issued. It is more helpful to solve the problem that we should look upon the pattern in a historic and objective way, and complete it under the current construction. The article includes introductory passage, main body and concluding remarks. The main body falls four chapters:The first chapter: a common description of the pattern of the property right alteration of real estate. Analyzing the definition of the property right and the real estate, the article defines the pattern of the property right alteration of real estate. The author puts forward the principles of setting up an pattern of the property right alteration of real estate, that is to protect the interests of the person who gets the real rights, to ensure the security of transaction and to increase the efficiency of the market.The second chapter: comparison of the pattern of the property right alteration of real estate. The author compares patterns of the property right of real estate in different countries of Continental Law System and of Common Law System. As the legal system of our country is much closer to statute law system, the author pays more attention to making a comment about the French pattern that the property right should be altered by the party's declaration of intention and the Germanic one that the right shouldn't be altered before getting registered through the legal background and the practice. The author concludes that"different patterns of the property right alteration of real estate can achieve the same legislation results by acquired revising practice and improving system", after analyzing the main difference between the patterns of France and Germany, that is the juristic act of property right and the power of the registration of property right of the real estate.The third chapter: comment on the pattern of the property right alteration of real estate in our country. The history of the pattern of the property right alteration of real estate ruled by our civil law has been revised since the late Qing Dynasty on the point of view of practice, especially the one which is established respectively by"the General Provisions of the Civil Law","the Contract Law"and"the Property Law"during the reform and opening-up. It is considered in theoretic way that the current pattern of the property right alteration of real estate is in accordance with our country's reality, after inspecting the dispute on which pattern of the property right alteration of real estate should be chosen in academic area and the whole society before"the Property Law"issued. The pattern established by"the Property Law"is a system with the principle that alteration of property right can be made not with juristic act of property right but registered, supplied with the pattern that the property right can be altered by the party's declaration of intention.The forth chapter: the problems and suggestions on our current pattern of the property right alteration of real estate. Three questions are analyzed in the article, that is:"the overlap of law","the registration of real estate"and"acquiring the property by good faith."The author gives the suggestions of measures that should be taken to complete the system of the property right alteration of real estate under the mode currently available.