Cause And Effect Of The Change Of Real Right Confirmation Litigation With A Real Case

Real right change especially real estate real right change holds the extremely importantstatus in the legislation of the real right, the real property right change theory in real estateproperty change causes include the cause based on legal changes of the real property rightsand non induced based on juristic act of real property right change. Generally based on thejuristic act of real property right change to register the change of real right, and not based onthe legal acts of real estate property change not to register, registration is against the thirdperson. This paper cited the cases of a case is very common in “property law” after theimplementation of, in the event of a dispute over the ownership of real property, the partieshope through litigation to clarify their property.In this paper through the relevant provisions of confirmation of property dispute case,together with China’s “property law”, through the analysis and discussion of the basicprinciples and rules of immovable property right change, to the judicial practice of the correctunderstanding of immovable property changes help. In addition to the introduction andconclusion, the main structure is as follows: the first part of the body to clear the case of casefor confirmation of property disputes; the second part introduces the basic case and the courttrial of the case; the third part is the related problems caused by the dispute of the case,namely, this paper will focus on the analysis and discussion of several problems; the fourthpart is the conclusion of this research, mainly is the analysis and discussion of the case, firstby the change of real property right reason, do not move to define the connotation of propertyright change and China’s “property law” provisions of the real right change of understanding,analysis of immovable property changes and the ownership of state property dispute betweenthe parties in this case; second, the plaintiff in the case mentioned is the real action ofconfirmation, this paper summarizes and analyzes the academic research on the request toconfirm the right of property disputes in the nature, analysis of real right in this case toconfirm the property request right; again, through the introduction of the legal behavior basedon real property changes in the legislative mode and legislative choice and non-based on thelegal behavior does not move the main types of property right change, clearly in this case thetwo sides signed the “The nature and effect of housing distribution agreement”; furthermore,the obligation to not move the basic meaning, registration of real property registration officeto review and immovable property registration validity analysis to understand, in this case does not move the validity of registration of the real estate involved; finally, the treatment ofsimilar cases by the above discussion and analysis and judicial practice, the author putsforward his own proposal on this case and similar cases.