The Approach Of Effectiveness Of Alteration Of Real-estate Based On “Yang Contract”'s Registration

Article 146 of the General Provisions of the Civil Law stipulates the system of act without reed intention,in the " yin-yang contract" the " yang contract" lacks the effect meaning of declaration of will when it is signed.It is a false contract signed by both parties through common planning and shall be deemed invalid.According to the existing legislation and the general theory of our country,the " yang contract" as the basis of registration shall be deemed invalid,so the registration based on the " yang contract" shall also be deemed invalid.Such result is liable to destroy the transaction order,violate the true meaning of the parties and violate fairness and justice.In order to solve this problem reasonably,the court usually adopts the solution of " ' yang contract ' is the continuation of ' yin contract '" in the field of mining right transfer,and the solution path of " 'yang contract' is partially invalid " in the field of house deal.these two solutions lack legal basis and are difficult to convince people legally.The mode of creditor's right formalism has distinguished the real right from the creditor's right,but the intention expression in the creditor's right contract is not fundamentally distinguished from the agreement of the real right change in the real right act.It is believed that the intention expression in the creditor's right directly leads to the real right change.The choice of this mode does not conform to the legal principle and hinders the judicial justice.This article discusses from the perspective of real right behavior theory,thinks that the real right change mode of real right formalism should be adopted,and the agreement of real right change in real right behavior should be recognized as the real reason for real right change.Because the parties registered according to the agreement of real right change,so the real right change has taken legal effect.According to the non-causative theory of real right behavior,although the " yang contract" on which the registration is based is invalid,it does not affect the effect of real right change caused by the registration.In view of the above discussion,this article discusses from five parts.The first part: Introduction.Through the introduction of a judicial case to raise questions,the court's judgment was reasonable,but the legal logic was illogical and did not specify the source of the declaration of intent for registration.Part ?: A brief introduction to the " Yin-Yang Contract" and a definition of the category and applicable field of the " Yin-Yang Contract" in the context of this article.It also analyzes the current situation of the solution of the " Yin-Yang Contract" problem and discusses it from two aspects according to whether the contract needs to be approved for entry into force.Part ?: Analysis of the reasons for the change of real property rights.This paper introduces three modes of real right change and makes a comparative analysis with the court's judgment.From a formal point of view,real estate registration can directly lead to real estate property rights changes,but real estate registration only plays a role of publicity.The real reason for real estate property rights changes is legal acts,and the legal acts comes from act of real right.Based on this,this paper can draw a conclusion that the real reason for real estate property rights changes is the meaning of real rights changes in real rights acts.Part ?: the non-causative effect of real estate property right change.This paper introduces the non-causative principle of real right behavior theory,and further analyzes that the effect of " Yang Contract" does not affect the effect of real right change.The fifth part: the solution path and inspiration of the cases cited in this article.From the perspective of real right behavior theory,this paper analyzes the solutions of the cases cited in the introduction and briefly analyzes the necessity of recognizing the theory of real right behavior in China.