On The Civil Law Protection Of The Real Right Of Real Estate

In general,the right holder recorded in the real property register should be the real right holder,but for various reasons,the registered real right may not match the real real right.For example,the actor borrowed another person's name to purchase a house because he did not have the qualifications to buy a house,and privately agreed that the ownership of the house would be owned by the celebrity,but the right holder recorded in the real estate register was a celebrity or the husband and wife did during the marriage The real estate belongs to the respective property division agreement,and the registration change has not been processed in time.It is not difficult to find that although registration is a legal publicity method for real estate,the legal publicity method cannot absolutely represent the real ownership of real right.At this time,if you want to protect the real real right without registered appearance,you must have sufficient legal basis and clear by law.The current theoretical dilemma of de facto real property rights lies in the following:First,in theory,the formalism of creditor's rights cannot explain the process of changing the rights of real de facto real rights.Secondly,it is registered in legislation as a legal publicity method for changes in real property rights and as an effective element for changes in real property rights,and it is a principled provision,so it almost eliminates the possibility of the establishment of "property rights".Thirdly,in the absence of legal support,simply using registration antagonism can not eliminate the embarrassment of the lack of registration of real property rights.At present,except for the rights to contractual management of rural land,easements,and other non-legal act-based real property rights that have clear legal provisions,other types of real property rights are not specifically protected by legislative provisions..The author sorts out the protection paths of a large number of judicial decisions through case analysis;summarizes the legal basis behind the real property rights of real estate through literature analysis;and uses comparative analysis to compare the design of real property change systems in various countries around the world and finds that it is in line with China's national conditions and Legislative tradition of the real property rights theory and legislative system.Finally,based on the principle of differentiation of changes in real rights,the real property rights of real estate are established on the basis that both cause and effect actions are established,and the result action is used as a breakthrough point to point out the theoretical contradictions and legislative contradictions of current judicial decisions.Dislocation and absence.At the same time,based on the principle of differentiation,specific legislative suggestions and reasons are put forward for the existing problems,which provides a new idea for the comprehensive and systematic establishment of a civil law protection system for real property rights.