On The Change Of Real Right Based On Legal Documents

Any alteration of real right has legal reasons, since this is Rome rule. Cause thealteration of real right has two main categories: one is the alteration of real right basedon legal action; one is the non legal act of real right alteration based on.This thesisdiscusses the alteration of real right based on legal documents,which belongs to thealteration of real right based on non legal behavior, it does not to register, delivery tothe elements, as long as the legal effect, validity of real right change occurs.Theelement of this property changes is rare, unlike that alteration of real right based onlegal action.Because of the alteration of real right based on legal document is nonnormal,subsequent processing problem so our legislators make strict rules in article28and article31of the Real Right Law which rule the change condition of the type ofalteration of real right and the relevant follow-up issues. This provision helps peopleunderstand clearly the relationship of property right,easy to maintain the legitimateinterests of the right person.But the provision is ambiguous in some respects, such asin articles of the property law of the28th "legal document" term, so abstract generaloverview of laws, may result in confusion of people everyday life and used in judicialpractice.This erroneous interpretation and application not only against the obligee’ srights in rem, is also a threat to a third party transactions. This paper argues that thealteration of real right based on legal document is a special kind of Property, is aspecial provision of the law.To prevent such special powers applicable in judicialpractice expansion, on the other hand in order to prevent the occurrence of thesephenomena,it’s necessary to make a unified judicial interpretation norms for this type in order to in order to prevent improper public power to intervene in private lawrelations, to the detriment of the public display and public trust principle of real right,legal instrument of reference in the article should be limited, limited has a wide rangeforming the effectiveness of legal document.This is a main part of the thesis.In addition, this paper also relates to the registration problem of after obtainingproperty. In the alteration of real right based on the legal document,the right personcan acquire the property not need register, but the property is not complete.The gainerof property right to dispose of his own property again,which must register,otherwisehe will violate the law “without registration,may not dispose of the legalconsequences”.Of course, a violation of that provision does not necessarily result inan invalid Act of disposition, just not the effect of the alteration of realright.Because,this provision is only legal advocacy provisions,not mandatory.Thispaper argues, the legislation limit disposition of property of the right person, whichmain purpose is to chain the alteration of real right based on legal document and thealteration of real right based on legal action,so as to form a complete set of rules ofchange of real right.However, we should pay attention to the fact that the protection ofthe rights of property of people in between them to find an equitable relationship withthe anchor.