Study On The Transfer Of Real Property Right Arising From Non-legal Act

Transfer in real property rights which are not based on legal actions refer to the occurrence,alteration,transfer,or extinction of real-estate rights that are caused by reasons other than legal actions.From the aspect of our country's legislation,in fact,the change of real estate rights that are not based on legal behavior is only reflected in the four articles of Articles 28 to 31 of the “Property Law”,and it does not include the types of rights.The article,which is worth noting that in the specific legal regulations,is too vague.Specifically,in the case of whether the bequest is,of course,regarded as a non-legal-based change of real right,the illegality of the construction of the specific type of legal document certainly leads to the indefiniteness of the real property being built.And in the protection of good-natured third parties in the non-legal-based real right transfer,the author will clarify their own views in the following.In the first part of this article,the author firstly elaborated the basic normative mode of the connotation and immovable product right change of non-legal-based behavior-induced real property rights change,because of non-legal-based real right change and legal act-based real right change.They are closely related,and therefore they are compared with each other,and the author compared China and foreign regulations,to strive to clarify the practical significance of non-legal-based real right transfer.From the second part to the fourth part of this article,the author focuses on the clarification of the specific types of non-legal-based behaviors,and details the transfer in property rights that have occurred due to the legal documents of the People's Court and the Arbitration Commission.Transfer in property rights that occur based on inheritance or bequests,transfer in property rights that occur due to factual activities such as the legal construction and demolition of houses.After analyzing these three non-legal-based behavioral types of real estate rights and the relative regulations and problems,the legal issues that exist in China's three types of regulations are further analyzed.In the fifth part of this article,the author proposes his own corresponding recommendations on the legislative deficiencies reflected in the above four parts,including the types of non-legal-based behaviors,publicity systems,third-party protection and other issues,in order to The legal system is further improved.