On The Judicial Application Of The Credibility Of The Real Estate Register

Shanghai No.1 Intermediate People's Court verdict caused widespread concern in the community,there was a logical contradiction.ZangShulin's possession of the house was unentitled possession.From the point of view of comparative law,whether or not to insist on the credibility of the real estate register belongs to the system choice according to its own national conditions and history,and does not have the inherent advantages and disadvantages.There are different opinions in the academic circles about the case.The key to the theory of good faith acquisition and non good faith acquisition is the understanding of gross negligence.And the point of view of applying the system of "buying and selling without breaking lease" is insufficient,which can not be used as the basis for judging the case.As the quality of real estate registration book is flawed,the traditional view of "good faith acquisition" can not completely solve the existing problems in the housing sale.It is not conducive to the construction of the credibility of the real estate register because of the excessive damage to the interests of the assignee.Although the "no break lease" rule can not be used as a judgment basis for case,the human rights thought embodied in it can be used for reference.In the good faith judgment of bona fide acquisition of real estate,the absolute credibility of the real estate register should be adhered to,but appropriate compromises should be made when it comes to human rights.Specifically,in the dispute over the sale of housing,it represents the buyer's corresponding duty to investigate.