The Rights Protection Of The Possessor On The Unregistered Real Estate

Unregistered real estate means the one that should register but not. The real estate can’t get real right in the property law,but the interests enjoyed by the possessor should be protected by the law. Following the right change mode which comes from traditional civil law: the real right change not only need to be agreed on the intention,but also have a form in the sense of characterization, such as delivery, registration,Chinese civil law strictly distinguish between creditor’s rights and real rights. In terms of the real estate, the register determines the real right status. The possessor have no rights and interests of the real right claim. On the other side,the relativity of the creditor’s rights of claim, the rule of real right prevailing over credit right,have a bad effect to fully protect the rights and interests of unregistered real estate possessor. Possession system can improve the protection of the rights and interests of unregistered real estate possessor in a certain extent. However, in the property law of our country, the system of possession has flaws on the basis of the possession system, the presumption validity of possession and acquisition prescription system, and possession protection way is not perfect. These defects can not make the possession system play a good role,and should been improved.