On Registration Antagonism In The Change Of Real Right

Based on the research of Registration Antagonism in China,the article puts forward its own views on the theory construction of Registration Antagonism,and makes its recommendations of the better application of Registration Antagonism in Chinese judicial practice.The article is divided into five parts and talk about the rationality,legal validity,the scope of the third party issues of Registration Antagonism and how to improve the legal system.The first part talks about the meaning and the problem of Registration Antagonism.This section describes the understanding of the effectiveness of "registered" of Registration Antagonism and talks about the means of the "confrontation" and the "third person".The main problem is dearly based on understanding the meaning of Registration Antagonism in China,such as the reasonableness,the legal validity and the range of the third person.The second part talks about confirming the reasonableness of Registration Antagonism in China.On the basis of foreign legislation,this section prove Registration Antagonism is reasonable by analysing the various theories of the reasonableness of Registration Antagonism.The Registration Antagonism is an exception institution except the principle system and it accords with the logic of the building of the legal system in the system of legislative.The scope of application of Registration Antagonism is clear and it applies to real right change of several special properties and immovable.The application of Registration Antagonism is considerations of efficiency value of law and Economics.And the efficiency value of transactions is in the first place in Registration Antagonism,so it is rationality in a specific range of applicable.The third part talks about the carding and evaluation of various views of the legal effect of Registration Antagonism.This part organizes the various theories about the legal effect of Registration Antagonism and focuses on the two persuasions of the most persuasive,the "right appearance" and the "third person deny" and make a brief evaluation of their advantages and disadvantages.On the basis of summing up the existing doctrines,a new statement is made of the third person denies that the change of the real right between the parties is valid and effective in the face of the relationship with the third person,only in the third person advocates the fact that the fact that the law is not registered,triggering the law of registration antagonism,that is,the general right of the right does not have effect on the third person.The fourth part talks about the scope of the third party in the application of Registration Antagonism.This part first summarizes the legislative and theoretical researched on the scope of the third party in France,Japan and the United States property law and sums up that the third person should have the corresponding right that is conflicting and be the person who has completed the registration.And then this part comments on the provisions and doctrines of the scope of the third party in China,highlighting the third party of the real right and the third party of the creditor's right.The article believes that the third party of the real right shall accept the ownership of the same subject and should be the third person who has completed the registration confrontation.For the third party of the creditor's rights,this article holds that the judicial interpretation of the real right law is reasonable,but the creditor should also be distinguished depending on the situation that protection is necessary.Finally,this part talks about the subjective aspects of the third person.This part believes that we can learn from Japan and France's ideas and don't blame the third person must be "goodwill",in order to avoid obstacles in practice.The fifth part is the conception and prospect of China's Registration Antagonism.On the basis of the above four parts,the paper puts forward its own ideas on the application of Registration Antagonism in China.The paper argues that there is still a lot of room for the application of Registration Antagonism in the future,so the legislative provisions of Registration Antagonism should be more specific clear and also clarify its relationship with other systems.For the scope of the third person,this article thinks that the subjective aspects of the third person can learn from the practice of Japan.In addition to the third party creditor,this article thinks that we can legislate in the corresponding areas to clear whether it can be fight against.