Transfer Of Real Estate Right Caused By Non-legal Acts

The act of real right is mainly about the theory of transferring real right. Non-legal action of transferring real estate right is discussed in this report. In China, non-legal action of transferring real estate right includes: inheritors based on death, change of property owners based on demolishment, taken over based on government enforcement. The associated starting time of the above transferring real right is the beginning of inheritance or bequest, demolition of the accomplishment of the factual behavior, the effective legal document of the court and the arbitration commission. However, non-legal buildings are not suitable for the act of transferring real estate right. The legacy-support agreement is still debatable that it is legal or not.The legal action of transferring real estate right is announced with government recording. If the court decides the property is yours, one does not need to claim the property to be recorded by the government. The court decision is suitable for the legal action of transferring real estate right. The dispose of real property, which is acquired by non-legal action, can be classified into "Laissez-faire" and "restrictionism" in the world. In China,"restrictionism" is used by Real Right Law."restrictionism" means no one is allowed to dispose the real property if not registered first. Namely, As regards a real right of realty enjoyed based on the transfer of real right caused by non-legal action, any disposal thereof may not produce effect of real right until it is registered as required by law.The non-legal action of transferring real estate right can classified into non-original oblige and excluding right of original oblige consciously. Referring to transfer of real estate right caused by non-legal action without original oblige, transferring real right does not affect the third person. It belong to static legal relationship of unilateral or bilateral.Under the condition of having original oblige,no matter he is new oblige or original oblige,it is easy to lead to the nonconformity between de jure and de facto, which may cause the interest conflicts among original oblige, new oblige and third party. Therefore, it may affect third party, and the need to protect oneself with the act of transferring real right is essential.