The Research On The Rules Of Real Right Change Of The Right To Use Curtilage

In 2018,document No.1 of the Central Committee put forward the policy of "separation of three rights" of curtilage,which further refined the rights of curtilage.The policy made homestead a hot topic for scholars to study,and attracted extensive attention of the society.The right to use of curtilage is an important property right of peasants,an important life guarantee for peasants,and a usufructuary right of real estate with the effect of both public law and private law.There is no explicit regulation on the rules of real right change of the right to use of curtilage in our country's law,only the provisions of 155 of the Property Law.Scholars hold different views on the provisions of this article,that is,registration antagonism and registration requirements.few scholars have studied the real right change mode of the right to use of curtilage.With the increasing disputes between curtilage and rural house sale,the rules of real right change of the right to use of curtilage in our country can not meet the needs of reality,and the problems in theory and practice are becoming more and more prominent in urban and rural areas.There is no fundamental breakthrough on this issue in the "Land Management Law and Urban Real Estate Management Law(Draft Amendment)" published on January 4,2019.Under the background of integration,the unified registration of real estate and the separation of the three rights,the registration of the right to use of curtilage and the ownership of houses should be paid attention to.The change of the rights of rural residential land and the above-ground houses is not exactly the same as that of urban houses in the rules of publicity and change of propertyrights.It has its particularity and the precondition that the registration of the right to confirm the residential land has not been completed.Next,the way of real right change of curtilage and house is divided into two cases:registered curtilage and unregistered curtilage,instead of copying the general rules of real right change.Then,it discusses the future legislative trend of taking registration into effect.This article is from the perspective of judicial practice,combining with cases to analyze the current rules of real right change of right to use of curtilage in China.From the overall structure,apart from the introduction,it is divided into four parts.The first part is about the legislative status and importance of the rules of real right change of the right to use of curtilage.It analyses the provisions of the current laws of our country on the real right change rules of the right to use of curtilage and the important role of the rules in the protection of real right and judicial practice.The second part is about practice analysis of the rules of real right change of the right to use of curtilage.The third part puts forward the existing problems,and then the fourth part puts forward some suggestions for the problems.