Explain The Break Of Deadlock About The Limitation Of Action For Transfer Of Registration Claim

Our country adopts registration validity doctrine which the buyer could only get the complete building property right after registration.Since there are lots of cases that buyers never complete registration in time,if the Real estate transfer claim is applicable to limitation of action system a focus point nowadays.There are two reasons why the Real estate transfer claim should not be suitable to limitation of action system according to the cases recorded on China Judgements Online,one is that Real estate transfer claim belong to property right,the another one is it will make the breach of contract last.There are two cruxes to solve the question,first,it's necessary to clear the property of Real estate transfer claim,second,how to achieve Real estate transfer which exceed limitation of action system if the Real estate transfer claim could not exclude the limitation of action system.We could analysis it from interpretative theory and legislative theory.In terms of Interpretative theory,on the one hand since the registration is necessary to achieve Real estate transfer,it is still a right of obligatory claim rather than property right which should be applicable to limitation of action system.On the other hand,according to general provisions of civil law,,if three years had passed,which started from the date of expiration of the performance period,sellers will get the right of defense eternally.Therefore,these two reasons are all offensive to China's current legal regulation.Since Interpretative theory could not solve these problems,it may be better to explore the answer from legislation.There are scholars put forward that acquisitive prescription should be admitted and exclude the limitation of action system in these cases,these two solutions may play an active role in solving these questions.However,to solve the problem about movable property,it will be better to admit acquisitive prescription rather than make an exception,which will solve this problem thoroughly.