De Facto Real Estate Right

Opposable to de jure real estate right,de facto real estate right is not registered,but it is necessary to be protected.Although a clear conclusion about the theory of de facto real estate right has not been reached in academic word,people in judicature circles has accepted the theory under certain conditions.The research on the 145 relevant civil judgments result in that the theory of de facto real estate right has been widely accepted and used in practice.And more than 64.14% judges treat it as legal right.The de facto real estate right,which has been written in laws,has been the most widely accepted,the de facto real estate right in contract takes second place,the third is the right in process of transfer,the last is the right in family relationship,which has been used and written in judgments by more than 60% judges.In the process of finding the right basis,judges put aside the registration,and take into account the capital,occupation,agreement,certificate holdings and other fact elements.In the different cases about real estate right,these elements are arranged in different ways to justify de facto real estate right.In fact,the de facto real estate right meeting these elements is a dominant right.It is a real right rather than a claim.The legal effect of de facto real estate right is essentially a property right,but there is a difference between the validity of de facto real estate right and the real right of registration.In cases where no third party interest is involved,the difference will vanish.While in case of third party interest involved,de facto real estate right only has a positive confrontation to the ordinary creditor's rights,has no confrontation with the goodwill traders,and has negative resistance to the other third party.In determining whether a goodwill is ‘goodwill',not only the registration status but also subjective mentality of the trader in the real estate transactions should be considered.If the trader knows that the registration status is not true,or the owner of the house is not the transaction side of the matter,it should be determined that the trader is not goodwill,de facto real estate right can have a positive confrontation.