Research On The Transfer Of Real Right Based On Legal Documents

The transfer of real right based on legal documents is one of the significant issues at the range of the transfer of real right based on non-legal act.The article 28 of the Real Right Law established the rule that the effective legal documents issued by the People’s Court of China and the Arbitration Commission may cause the transfer of real right.But there is seldom systemic statement about how to interpret the foresaid rule.Therefore,it is available and necessary to conduct research on the issue of the transfer of real property right based on legal documents.The article mainly focus on the academic illuminate of how the transfer of the real property right based on legal documents without registration processed effectively,the specific types of legal documents,the character and status of the real property right before the registration which aimed at transfer the real right,the registration and disposition.The article will be processed for four layers below,which contributes to the comprehensive expounding of the transfer of real right based on legal documents,that is the legislative reasons,the law applications,the disposition of the real property and the Administrative registration.Except for the foreword,there are four additional parts for this article in a total of twenty thousand words.The staid foreword mainly introduces the background,the issue to be discussed,the research method as well as the innovation spots refers to this article.The first part probes into the Basic theory of the transfer of real right based on legal documents.The article considers that the transfer the real property right based on legal documents is one of the exception in Legislative Mode of Property Transference.Moreover,as for the issue of why the transfer of the real property right based on legal documents without registration processed effectively,the article insists that it is due to the legislative selection of lawmaker.And the justification of such transfer of the real right mode can be clarified from the function of settling dispute,the effect of legal documents and the sense of ceremony of the People’s Court of China and the Arbitration Commission.The second part mainly analyses the specific types of legal documents.The article elaborates the legal documents from the aspect of interpretative theory on the base of the article 7 of the Interpretation of property law(I)and the positive law,then,particularly discusses the relationship between the transfer of the real property right and the judgements,mediation agreements,arbitral awards,Auction deal rulings,and debt with good rulings.The article holds that the effective court decision may bring about the transfer of real property right which is limited to the court decision of partition of real property,avoid contract as well as the criminal judgement when the stake with the infringed one were solved.The mediation agreements which is about the transfer of real right may lead to the transfer of real right.As to the Auction deal rulings and debt with good rulings,shall be look through from the nature and purpose of the compulsory execution procedure.The third part explores the registration in the issue of the transfer of real right based on legal documents.After the transfer of real right based on legal documents is legitimate even before registration.The article 31 of the Property Law aims not to the continuity of the transfer of real right which based on the real estate register,or restraining the dispositive right of the right holder,but to achieve the principal of public summons.The article concerns that the article 31 of Property Law,that is the validity of real right shall not come into effect without registration,may be interpreted as that the right holder of specific real property right is authorized to dispose his real property with a single registration(the transfer registration).This interpretation not only has no influence to the transaction security,but also conforms to the efficiency pursuit of lowing transaction costs.At length,with regard to the matter that the positive law of voluntary registration cannot address the issue of existing theory querying as well as the deviation which probably arise,the article figures that the matter foresaid may be resolved by establishing the institution of Carbon Copy of legal document,which is conducive to improve the Document Credibility of the People’s Court of China and the Arbitration Commission.The last part is the conclusion of this thesis.