The Research Of Elements On Registration Confrontation In China’s Real Right Alteration

Real right alteration is a basic form of market transactions. It can be said that many transactions are the processes of real right alteration. And real right alteration includes juristic act and un-juristic act. This article is based on the real right alteration of juristic act as the research object. The judgments on real right alteration are the change and ownership of the real right. Therefore the clarification of real right alteration is required. It is necessary to distinguish the type of real right alteration mode to solve this problem, because the elements of real right alteration are different in view of different types. They can be classified into three:the purpose; the purpose elements publication; the purpose public against elements.The requirement of real right alteration should only need the agreement of the parties. Because the market information is still under-developed.in China now, the publicity is a legal phenomenon in a certain historical period. Based on the purpose, the introduction of the public requirement is the principle of equality of civil law. Our country’s real right alteration modes adopt registration validity doctrine as the principle, and registration of antagonism is an exceptional. These dual modes can also be called the eclecticism. It is weak on the theoretical foundation, and the value orientation is unknown.Also its system is not precise, and there is no uniform system architecture. This article mainly discusses the registration of antagonism. The registration of antagonism adopts the advantages of the expressionism and the essence of publication. But it also triggered a contradict effect on the same thing that has the real right of the resistance and corrosive resistance at the same time. Two real rights are legally obtained. They should be same protected, but in view of the exclusive of property rights, they must conflict to each other. The static and dynamic security damages of property rights would be caused.We should straighten out logic system on the regimen of the real right alteration. This article analyzes the registration of antagonism in our country. Then it explains the method of the structure of the real right alteration registration counter mode, value orientation, legal interpretation in Japan and France.Also, it points out the value orientation of the registration of antagonism and the causes of internal conflicts. According to the reasons, this paper puts forward to legal suggestions on solving the registration of antagonism and value conflict. This paper claims the registration of antagonism should be canceled or limited, and analyzes the theory of measurement standard. The suggestions of legislation to perfect our country’s registration antagonism are also proposed. It is necessary to set the registration as a condition of the real right alteration based on an analysis on the value judgment and interest measure.