Case Analysis Of The Third Person’s Claims Priority Protection In Real Estate Transactions

Real Estate transactions become more and more frequent in our daily life, the main forms including business, mortgage, etc. The result would bring real change. Depending on the business, mortgage situation, the real right change state is not the same. The only way of the real right change is the Real Estate Registration in the legislation of our country. Registration system has certain positive role in the protection of transaction security. But in practice there are many situations which already occupied the house to pay the price, but did not deal with registration in Real estate transactions. At the same time, due to the seller, when the original creditor, mortgagee claims about the right of this building, would conflict with the rights of the buyer, the court whether to seize, auction the houses or to protect the rights of the buyer, and how to protect the rights of them. In practice, the court’s approach is discussed. Development of the market economy should not only protect transaction security, but also reflect trade freedom, reflect the autonomy of the parties. So the registration is not thorough safety measures.Based on trading relationship, there is a dynamic state of rights since the establishment of the creditor’s rights to ownership transfer. Firstly, the author Analysis of the buyer’s rights in the circumstance which paying the price, having house but did not deal with register through classic cases. The author believes that, changes to the dynamic nature of real right should be recognized, thus proposes the creditor’s rights which have the property right, and carries on the demonstration. Secondly, the article is to discuss the confrontation of the creditor’s rights. Through three cases, study about that the creditor’s rights which has the property right whether confront the ordinary creditor’s rights, confront the contractor’s priority rights to construction project, and confront the mortgagee’s rights. Using s new angle, the author applies syllogism theory of the real right change to analyze the cases, to solve the problem of the rights and obligations of the parties, to solve the problem of priority protection; applying literature research method, the case analysis method, author come to the conclusion: having the property right of the creditor’s rights have the same right with property right, have a certain confrontational; can against the creditor’s rights、against the priority to construction projects、against the mortgage of the latter formed. The purpose is to priority protect of having the property right of the creditor’s rights, to give the third person, as well as consumers,property rights protection, which similar to the real right protection.The innovation of this article is that applying the real right change syllogism as the breakthrough point discusses the rights of a third person, such,will have obvious effects in solving the dispute cases, hope to play a positive role on the judicial practice.