An Analysis On Dispute Between Luo, Zhang Jia And Zhang Yi Over Property Rights' Confirming

Due to more and more frequent false notarization, disputes over property rights in real estate increase smoothly. To clarify the effectiveness of the real estate registration is the key to solve the disputes over property rights in real estate. In the case of dispute between Luo, Zhang Jia and Zhang Yi over property rights' confirming, what was mainly focused on was whether Luo and Zhang Jia should share the property rights of the involved house and Zheng could get the 100% mortgage of the involved house. First, the problem on identification of the property rights'share of the involved house. Constructive force of real estate registration book, treated as presumption of rights, is essentially the allocation of the burden of proof and has nothing to do with the ownership of the real rights, if there was controversy between interested parties and registrar on the content or attribution of property rights recorded in the real estate registration book in the lawsuit, moreover, the ture ownership of property rights could be found out, and the error in registration book was proved by sufficient evidence, interested persons could win the ruling with the constructive force of real estate registration book being reversed. Zhang Yi carried on the property rights alteration registration by using forged materials, so that there was an error in the registration book of property rights in real estate, Luo, Zhang Yi and Zhang Jia were the common owners of the room 406, in accordance with the relevant provisions, Luo, Zhang Yi and Zhang Jia should enjoy 2/3,1/6,1/6 of the share respectively. Second, problem on whether Zheng could get the housing mortgage right of room 406. When facing the situation of unauthorized disposition together with bona fide gains, based on the principle of public summons of property rights and to protect the trust interests of the third person, to maintain trading fast, safely and efficiently, if the third person has got property rights in good faith after confronting with the original holder, the law will prevent the holder of the real rights from recovering the property rights, Zheng should enjoy 100% of the housing mortgage right of room 406 because he met all the constitutive requirements to get the real estate mortgage right in good faith. Rongyuan Notary Public Office, moreover, would undertake the supplementary indemnification liability corresponding to his fault due to unfulfilling the duty of fully review and verification in the process of notarization, if Zhang Yi could not pay off the losses of Luo and Zhang Jia, Rongyuan Notary Public Office would have to undertake the supplementary indemnification liability in appropriate range.