On The Effect Of Private Law On The Record And Registration Of Real Estate Transaction Contracts

The record registration has always been effective as an administrative measure,but under the current background of the blending of public and private laws,the record registration enters into the civil field,and the record registration of real estate transaction contract is a typical example.In the context of the supremacy of rights,the record and registration of real estate transaction contracts should be a moderate intervention to private rights,and the purpose should be to protect higher interests.However,at the standard level of the current law,only the way of administrative punishment is adopted to regulate the record and registration of real estate transaction contracts.The record and registration of real estate transaction contracts is regarded as an administrative obligation regulated by the public law,rather than as an institutional means to guarantee the realization of private rights.With the development of network information technology,the record and registration of real estate transaction contracts has a new form,that is,the record of online signing,which plays an effective role against the third party in practice,in order to standardize the transaction behavior,protect the rights of the real estate transferee and maintain the order of real estate transaction.Therefore,in the transition to modern civil law,it is necessary to change the single administrative positioning of the record and registration of real estate transaction contracts,and emphasize the private law effectiveness of the record and registration of real estate transaction contracts in the legal level.Therefore,based on the legal standard,judicial practice and system design,this paper analyzes the private law effectiveness of the record and registration of real estate transaction contracts in a historical and systematic way,and analyzes the rationality and realization path of the private law effectiveness in the current existing system and property rights system.First of all,the discussion is the real estate transaction contract record registration is what.On the one hand,by introducing the development of the record registration of real estate transaction contracts and the changes of the forms and procedures from the record registration of commercial house pre-sale contracts to the record registration of online signing,this paper analyzes the origin of the private law effectiveness of the record registration of real estate transaction contracts in practice.On the other hand,from the two aspects of "record registration" and "real estate transaction contract" to understand the real estate transaction contract record registration,analysis of the real estate transaction contract record registration can enjoy the effectiveness of private law.Through the above two parts of the real estate transaction contract record registration system for a comprehensive analysis of the introduction to the effectiveness of the discussion of the next chapter.Secondly,based on the reality of our country real estate transaction contract for the record registration,separately from the legislative,judicial status quo analysis of the real estate transaction contract for the record registration law has the realistic necessity,and from real estate deal contract and registration system and program design of the analysis of real estate transaction contract and registration in the reality has not only the effectiveness of the administrative supervision,but also has a defense against a third person in trading of private law.Thirdly,it is one of the key and difficult parts of this paper to discuss the theoretical basis of the validity of the private law of the record and registration of real estate transaction contracts,that is,to analyze the theoretical feasibility of the validity of the private law of the record and registration of real estate transaction contracts.The author from the opposition to real estate transactions in the contract for the record registration effectiveness of private law scholars view summed up the real estate transaction contract for the record registration against the effectiveness of three theoretical obstacle,which enjoys a valid real estate transaction contract for the record registration and advance notice registration system value function overlapping,public law norms of real estate transaction contract for the record registration shall not be arbitrarily intervention in private law and enjoys confronting the effectiveness of the real estate transaction broke the creditor’s rights and the relativity of contract for the record registration,destroyed the debt binary system.Based on these three theoretical barriers,this paper analyzes the feasibility of the registration of real estate contract to be effective against the third party.Finally,combining with the real estate transaction contracts to protect the interests of the registration and its combat effectiveness play process,analysis of the real estate transaction contract for the record registration against the specific content of the third person effect,and the validity of proposed real estate transaction contract for the record registration of private law in civil legislation in the standardization of path,in order to ensure its private law effectiveness to implement exactly,to better display system of real estate transaction contract for the record registration legislation function,realize its legislative purpose.