| The dispute in the multiple transaction of housing,how to evaluate the legal effect and protect the lawful right of real estate possessor,until now,there is no clearly stated in the Property Law in China.Property Law,Article 9 stipulates specifically that a method of exchanging the real estate is register.Firstly,as the mode which adopted in the real property exchanging in our county was effective once registered.In social life,the seller is driven by the high profit and then sold the house to a third person before the registration of transferring being no deal with.The situation of a room two sell has greatly existed,in this moment,the post-buyer may being delivered and rightful owner of the house based on the contract but unable to obtain the ownership of the house before the registration of transferring being no deal with,which lead to failing to fulfill the purpose of contract.Secondly,because the registration system of real estate law is imperfect,especially in the rural of our country,there are a plenty of real estates.In rural area where very few people will active register and indicate themselves as the owner when there is no need,because possession is the most powerful proof.Even in the big cities,not all the people go to register for the housing.The housing registrant is not the actual real right person,there is conflict between registrant and the person in possession.The problem,which the protection of the real right holder of housing can’t be solved effectively.Regarding the problem of the real estate possession protection,within the field of civil law in our country,it seems still not pay enough attention.Part One,referring to the case analysis of the problem of the real estate possession protection,demonstrates the necessity of the real estate possession protection and great signification.Part Two,analyzing the current situation of the real estate possession protection in our country.Firstly,expatiating the protection of rights and interests possessor in the mode of real right transferring and the imperfection occurred from the regulation.Secondly,analyzing the cause of the lack of protection of rights and interests possessor.Part Three,in view of current system,giving suggestion on the problem of the real estate possession protection insufficient.Firstly.pay attention to the effect of real estate possession.Secondly.approving possession as the way of publicity for the rights of real property.Thirdly,admitting the other means of property publication except registering.Finally,should be pay attention to the effect of real estate registering adopting in the field of privately law field.By these suggestion,hope it will be helpful to the protection of the rights and interests of real estate possessor. |
