On The Scope Of The Third Party Under The Registration Resistance System

According to the "Property Law",the dualization pattern of real right change of our country had already formed(Registration confrontation and registration).The research of registration has been the key point for very long time,but the study of registration confrontation is obviously insufficient,especially the scope of third party under the registration resistance system,However,although the registration confrontation has been expanded after "Property Law",but the scope of the third party is still not specific and clear.Moreover,because the circles of theory and practice do not have unified cognition,the importance of the scope of the third party has been highlighted under the registration resistance system. Based on the current situation and problem of registration resistance system,through the theory of registration confrontation analysis,this paper discusses the subjective and objective standard of the third party’s scope under the registration resistance system;in addition,through this process of study,the research can be promoted and the judicial practice can be guided.In addition to the part of introduction and conclusion,this article involves three chapters:The first chapter:based on the registration confrontation retrieval,the law about the third party under the registration resistance system of our country is not clear and specific;the lack of theoretical research makes the theoretical system of the third party not be established;in judicial practice,the norms are also not unified.The second chapter:this part discusses the premise of the third party under registration resistance system(the legal meaning and constitution).Firstly,based on the legitimacy of registration confrontation, explain the essence and control relationship of property.Secondly,the registration of registration resistance system has only negative presumption,in other words, "registration" has declared the property rather than set up rights.Thirdly,the legal consequence of registration is that the third party can deny the effect of this not registered property.On the other hand,the third person who wants to obtain property must comply to the condition of change of real right.The third chapter:this part discusses the objective and subjective requirement of the third party.In the objective requirement,based on the introduction of the third party in other territorial law and judicial practice, this article studies the third party from the perspective of abstract theory and entity classification.In the subjective requirement,asking the third person goodwill is reasonable,but major fault should be excluded.At the same time,we should distribute the obligation of investigation in order to achieve objective judgment.