Analysis Of The Effect Of Property Right Delivered In The Sale Of Real Property

China regards the registration effective doctrine as the only judgment standard of real property ownership transfer and ownership.In the face of the juridical practice problem of the effectiveness of real property rights delivered in the sale of real property,the dispute cannot be well solved,and the registration effective doctrine is not fully adopted in judicial practice.Therefore,through case analysis,this paper collects typical cases related to the sale of real property,thus triggering the thinking of problems and further exploring the topic.This paper is divided into four parts.The first part starts from typical cases of judicial practice,respectively analyzes the conflict between judicial practice and legal provisions,combines the theoretical insights of many scholars,and puts forward its own views on the basis of academic research.The second part elaborates our country current property right change pattern and source in detail.The third part puts forward the reasonable theory of property rights(some scholars also call it the idea of disposing of rights).Under the basic mode that the buyer pays the price----the seller pays the real property------the buyer legally possesses the real property,the author puts forward the two elements that constitute the agreement of the real right,the content of the agreement and the disposition of the agreement.In disciplinary acceptable elements,distinguish between the author and disciplinary action and burden in the current theoretical circle,referredto as punishment accord,avoid controversy,just in order to emphasize the legitimacy of change of real right and its ownership should be judged on the basis of the inner meaning is consistent,and analyzes the theory of property rights have trading habits of respect,the real right and creditor's rights to distinguish,the rationality of the three aspects to explore the intendment of the parties,at the same time shows that real right purpose of the typical form,such as the price payment,delivery,Through the transaction efficiency and fair elements,bona fide acquisition system,third party attention obligation,real estate delivery and registration of the effectiveness of the docking of these aspects to justify.It is concluded that the property right agreement is feasible under the current legal system and system.If this theory can be recognized by the property law system,it will solve the property right effectiveness problem delivered in the sale of real property.The conclusion of the fourth part,from the stability of legal considerations,choice of law of market transaction and balance of interests between the parties concerned have comprehensive analysis shows that the real purpose is not effective for the current registration system,but to complement,from the point of view of the legitimacy and rationality to balance the interests of the parties concerned,to the solution of the problem of effective registration system in our country can help,especially effective registration system under the neglect caused by the contradiction between the effectiveness of the delivery.To sum up,this paper wants to show a basic theory finally.That is to say,the theory of agreement of real right,the agreement of real right indicates the autonomy of will between the parties,and from the inside,it produces the effect of change of real right.From the external point of view,the third party's duty of care and the relative credibility of registration solved the balance of interests between the parties and the third party,and then clarified the effect of the real right delivered in the sale of real property.The innovation of this paper lies in the fact that the theory of agreement of real right can make up for the effect of real right delivery under the effective system of registration and guarantee the integrity and stability of real right change system.Of course,the applicable scope and conditions of the theory of agreement on property rights are not broad and need strict application.Moreover,the civil law hasno specific provisions on the theory of agreement on real rights at present,and the agreement on real rights still needs to be adopted and written in the formulation of the civil code.